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.
Title: Wyoming Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery Description: A Wyoming Petition by a Surviving Spouse to Change the Place of Interment From a Mausoleum to a Family Plot in the Same Cemetery is a legal document filed by a surviving spouse seeking permission to relocate the remains of a loved one from a mausoleum to a designated family plot within the same cemetery. This petition allows the surviving spouse to honor the deceased's wishes or make changes for personal or family reasons. In cases where a surviving spouse deems it necessary or desirable to move their partner's remains to a family plot, this petition offers the legal avenue to initiate the interment relocation process. Types of Wyoming Petition by Surviving Spouse to Change Place of Interment: 1. Standard Petition for Change of Interment: This type of petition is the most common form used to request the transfer of a deceased spouse's remains from a mausoleum to a family plot. It provides an opportunity for the surviving spouse to present relevant reasons and supporting evidence to justify the desired change. 2. Petition for Fulfillment of Deceased Spouse's Wishes: In situations where the deceased spouse had expressed their desire to be buried in a family plot, but circumstances led to their initial interment in a mausoleum, the surviving spouse can file this petition to fulfill their partner's final wishes posthumously. 3. Petition for Consolidation of Family Burial Site: In cases where the surviving spouse wishes to consolidate family burial locations into a single family plot within the same cemetery, this petition is filed. It allows for the transfer of multiple family members from different mausoleums to the designated family plot, fostering a sense of unity and togetherness. 4. Petition for Emotional or Personal Reasons: This type of petition caters to the surviving spouse's emotional or personal reasons for wanting to move their loved one's remains. This could include wanting them to rest in a place of significance, where other family members are buried, or for easier visitation purposes. The Wyoming Petition by a Surviving Spouse to Change the Place of Interment From a Mausoleum to a Family Plot in the Same Cemetery offers a legal means for individuals to ensure their deceased loved ones are laid to rest in a desired family burial location. By following the appropriate legal procedures, surviving spouses can honor their partner's wishes or make changes that align with their family's unique circumstances.