Burial Deed

A burial deed is a formal document that proves ownership of a specific burial plot, ensuring proper burial in the location chosen by a loved one.

A burial deed, also referred to as a grave deed, is given to anyone who purchases the right to use a plot of land through a church or state-operated cemetery for burial. This allows a person to choose where they will be buried and ensures that their wishes will be granted at the time of their passing.

To attain a burial deed, you first have to contact the cemetery of your choosing to set up an appointment to look at available grave plots where you will choose the location and size of the plot.

This land can get very expensive and can cost anywhere from $200 to $25,000+ depending on size, area, and type of cemetery. Once the grave plot has been bought, a burial deed is issued to the buyer. This deed grants the owner the right to be buried in the designated grave, authorize other burials in the grave, and apply for a permit to place additional memorials. The burial deed gives the owner exclusive rights to the grave for a specific amount of time, depending on the cemetery. If the lease of the burial plot expires, the owner has the option to extend the lease for another period.

If the owner is still living but would like to transfer the deed to someone else, they can do so through a legal transfer. For this to occur, you would need a statutory declaration form, which is a legally binding document from your specific cemetery. If the owner of the deed dies, there are two ways ownership will be passed.

• Probate - the decedent left a valid will, and therefore the executor to the will or designated beneficiary is entitled to take ownership of the grave
• Intestate - If the decedent died intestate (without a valid will), the probate court will establish who is entitled to take ownership. A statutory declaration is then issued, and approval from other parties involved may be needed

What surviving family members need to know about burial deeds

When the burial deed is purchased, the document, along with any receipts should be placed in a safe place with other important documents. When a relative passes and it is time to plan the funeral, the survivor must find the burial deed to prove ownership of the plot of land.

The deed is required to set headstones for your loved one. After it is found, you have to contact the cemetery to confirm their records match the deed and planning can begin. If the decedent did not purchase a deed, there is a hierarchy of who decides what interment space (where the urn or casket will be buried) will be used, starting with the surviving spouse, then the children of the deceased, followed by the parents, and so on.

Jill, a single mother of one, decided that she would like to be buried in her hometown of Nashville, Tennessee in a local cemetery near her childhood home. She purchases the right to use a plot of land for burial at the cemetery, and is given a burial deed. This means that she has exclusive rights to this specific plot of land. The plot that she chose has room for two caskets.

When Jill died, her wishes were properly executed and she was taken home to be buried. However, there was another burial spot on the plot of land she purchased. During the probate process, her daughter was named as executor causing the burial deed to be transferred to her, allowing her to do what she sees fit with the burial plot.