How Do I Exhume a Body in New Jersey?

Q: Can ashes be moved once buried?

Yes, ashes can be moved once buried, but you will need to follow legal procedures. This includes obtaining written authorization from the interment space owner and possibly a disinterment permit from the local board of health. It’s important to consult with the cemetery and ensure compliance with all relevant laws.

Full question:

In the state of new jersey. My father's ashes are buried in a cemetery. I wanted to exhume his ashes. the cemetery people said I needed a court order and also were not very helpful and the local funeral home didn't even want to help either, I even afford to pay them..could any one help me?

Category: Death
Date: 04/07/2025
State: Pennsylvania

Answer:

Please see the following NJ statute:

45:27-23 Removal of remains from interment space.

a. Except as otherwise provided in this section, or pursuant to court
order, human remains shall not be removed from an interment space
unless:

(1) the surviving spouse, adult children and the owner of the interment
space authorize removal in writing;

(2) removal is authorized by a State disinterment permit issued
by the local board of health; and

(3) the cemetery finds that removal is feasible.

b. No disinterment permit is required:

(1) for the temporary removal or repositioning of vaulted human remains
to allow for the deepening of an interment space within the same lot;

(2) for the transfer of temporarily stored remains from the place of
temporary storage to the place of final interment within the same
cemetery in accordance with applicable law;

(3) for the removal of cremated human remains. However, prior consent
shall be obtained from the interment space owner and the person having
the right to control the removal of the decedent's remains.

c. Human remains buried on property that is not part of a cemetery may
be removed by the owner of the property provided that removal is in
compliance with applicable law and the remains are then properly
re-buried in a cemetery.

d. A person who signs an authorization for the disinterment of human
remains warrants the truth of the facts stated and the authority to order
the disinterment. The person shall be liable for damages caused by a
false statement or breach of warranty. A cemetery or funeral director
shall not be liable for disinterment in accordance with the authorization
unless it had reasonable notice that the representations were untrue or
that the person lacked the right to control the disinterment. An action
against a cemetery company relating to the disinterment of human remains
shall not be brought more than one year from the date of disinterment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to get a court order to exhume a body?

To obtain a court order for exhumation in New Jersey, you must file a petition with the appropriate court. This petition should include details about the deceased, the reason for exhumation, and any relevant supporting documents. You may also need to notify interested parties, such as family members. The court will review the petition and may hold a hearing before granting or denying the request. It’s advisable to consult with an attorney to navigate this process effectively and ensure compliance with local laws.

Who can authorize cremation in NJ?

In New Jersey, the following individuals can authorize cremation: the deceased's surviving spouse, adult children, parents, or the person named in a written directive by the deceased. If no such directive exists, the next of kin can provide authorization. It’s important to ensure that all necessary consents are obtained before proceeding with cremation to comply with state laws.

What does God say about keeping ashes?

Views on keeping ashes vary widely among different religious beliefs. Many traditions emphasize the importance of respecting the deceased and their remains. Some may encourage burial or scattering of ashes, while others may allow for keeping ashes at home. It’s best to consult with a spiritual leader or religious texts for guidance specific to your faith regarding the treatment of cremated remains.

Can you move cremated remains from one cemetery to another?

Yes, you can move cremated remains from one cemetery to another in New Jersey, but you will need to obtain permission from the owner of the interment space and possibly a disinterment permit from the local board of health. It’s advisable to check with both cemeteries involved to ensure compliance with their policies and state laws.

What is required to bury ashes in a cemetery?

To bury ashes in a cemetery in New Jersey, you typically need to secure a burial plot and obtain permission from the cemetery. You may also need to provide written authorization from the owner of the interment space. Additionally, some cemeteries may have specific requirements regarding the type of urn or container used for the ashes.