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Petition by Surviving Spouse to Change Place of Interment From...

Virginia Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery

Q: What is the code for cemeteries in Virginia?

Virginia Code 57-27.1 permits (1) family members and descendants of the deceased that are buried on the property; (2) any cemetery plot owner; and (3) any person engaging in genealogy research access to the property.

Category:

Civil Procedure - Interment

State:

Multi-State

Control #:

US-01066BG

Format:

Instant download

Description

Courts of equity are empowered to settle controversies as to the burial of the dead, the care of their remains, and the preservation of the place of interment from unnecessary disturbance. The right to remove a dead body from one burial place to another generally rests with the surviving spouse where there is one, otherwise, with the closet next of kin. Some jurisdictions provide for court permission to remove a body from a cemetery if the consent of the cemetery and of certain surviving relatives cannot be obtained. Courts are reluctant to order disinterment and will attempt to provide relief without disturbing the body if that is possible.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Petition By Surviving Spouse To Change Place Of Interment From Mausoleum To Family Plot In Same Cemetery?

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FAQ

depth burial is perhaps the most accessible alternative to arrange with your local cemetery network. Here, you will be required to prepurchase a grave space together. The two caskets will be placed oneontop of each other in most cases. You can arrange one grave marker for the two names.

In Virginia it is lawful for property owners to have burials on their own land, and a casket is not required. Many cities and counties do have local ordinances about zoning and guidelines for grave plots, so it's a good idea to check that as well.

Grave recycling also refers to the process of exhuming bodies from graves and burying new ones in that cemetery plot. The exhumed remains are then: placed in a mass grave or a common ossuary; boxed and placed in a different part of the cemetery; or cremated and returned to family (Ferraz, July 18, 2018).

The Cemetery Board regulates for-profit cemeteries that offer perpetual care services or pre-need burial contracts, and that are required to maintain trust fund accounts. Cemeteries owned and operated by churches, the state, and all counties, cities, and towns are exempt from licensure and the board's jurisdiction.

Virginia Code § 57-27.1 permits (1) family members and descendants of the deceased that are buried on the property; (2) any cemetery plot owner; and (3) any person engaging in genealogy research access to the property.

No landowner shall erect a wall, fence or other structure or device that prevents ingress and egress to the cemetery or grave, unless the wall, fence or other structure or device has a gate or other means by which ingress and egress can be accomplished by persons specified in this subsection.

Owners of private property on which a cemetery or graves are located shallhave a duty to allow ingress and egress to the cemetery or graves by (i)family members and descendants of deceased persons buried there; (ii) anycemetery plot owner; and (iii) any person engaging in genealogy research, whohas given reasonable ...