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Can we bury ashes ourselves in our family cemetery plots?

Can we bury ashes ourselves in our family cemetery plots?

Full question:

My grandfather bought 16-18 plots in the family cemetery located in TN. A family member wishes to have his ashes buried in one of the plots the family owns. Can we open the grave site ourselves and bury his ashes ourselves, or do we have to pay the cemetery to hire someone to do it?

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

Answer:

The ability to bury ashes yourself depends on the terms of the sales contract for the plots. If the contract allows for private burials, you may proceed. If not, the cemetery likely has regulations that restrict how burials are conducted.

Tennessee law gives cemetery companies the authority to create and enforce rules regarding the use and management of cemetery plots (Tenn. Code Ann. § 46-2-101). These rules may include requirements for who can perform burials. If the cemetery requires that burials be conducted by their staff, you would need to pay them for the service.

It’s important to review your contract and any rules provided by the cemetery to determine your rights regarding burials.

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

Do you own your cemetery plot forever?

In general, when you purchase a cemetery plot, you acquire a right to use that plot for burial purposes. However, this right may be subject to the cemetery's rules and regulations. Some cemeteries may have conditions that can affect ownership, such as maintenance fees or other obligations. It's essential to review the sales contract for specific terms regarding ownership duration and any conditions that may apply. *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.*

Can you bury a family member on your property in Tennessee?

In Tennessee, you can bury a family member on your private property, but there are specific regulations to follow. You must ensure that the burial complies with local zoning laws and health regulations. Additionally, it’s advisable to check with local authorities to understand any requirements or permits needed for private burials. *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.*

Are cemetery plots private property?

Cemetery plots are generally considered private property, but they come with specific rights and restrictions. When you purchase a plot, you obtain the right to use it for burial, but the cemetery retains certain control over its use, including rules about maintenance and burials. Always review the terms of your purchase agreement to understand your rights and responsibilities. *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.*

Who owns a grave after death?

Ownership of a grave typically remains with the individual or entity that purchased the cemetery plot. After death, the rights to the grave are usually transferred to the family or heirs, as specified in the cemetery's rules or the original purchase agreement. It’s important to check the cemetery’s policies regarding ownership transfer and any obligations that may arise. *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.*

How to find out who owns a cemetery plot?

To find out who owns a cemetery plot, you can contact the cemetery office directly. They typically maintain records of plot ownership. You may need to provide specific details, such as the plot number or the name of the deceased. If necessary, local government offices may also have public records that can assist in determining plot ownership. *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.*

Who owns burial plot after death?

Ownership of a burial plot after death usually remains with the individual or entity that purchased it. However, the rights to the plot may pass to the deceased's heirs or family members, depending on the cemetery's policies and any applicable laws. It’s important to review the cemetery's regulations and the original purchase agreement to understand how ownership is handled after death. *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.*