45:27-28 Transfer of interment space, niche.

28. a. When a cemetery transfers an interment space or niche and records the transfer, the person or persons to whom it was transferred become the owner of the interment space or niche. The conveyance issued by a cemetery shall indicate whether the cemetery company is transferring title to the interment space or niche or only a right of burial in it. The conveyance may:

(1) provide that the owner take title subject to existing and future reasonable regulations of the cemetery; and

(2) contain other reasonable restrictions on use or transfer consistent with this act.

b. Except as limited by subsection c. of this section, the owner of an interment space or an interest in one in a cemetery may transfer the space or interest to any person or to the cemetery company. Transfers may be made on agreed conditions, provided the conditions are recorded in the office of the cemetery company. The cemetery company shall record a cemetery transfer in its records when a document of transfer is presented to the cemetery company and any other requirements imposed by law or regulations of the cemetery company are met. The transfer shall be effective on recordation by the cemetery company.

c. After human remains have been buried in a grave or crypt, that grave or crypt shall not be transferred except as follows:

(1) Ownership of the grave or crypt may be transferred by will if it is identified specifically in the will rather than by a residuary clause or by general reference to real property. Otherwise, on the death of the owner, ownership shall descend in the order listed below:

(a) to the surviving spouse and the owner's children, if any, per stirpes, as equal tenants in common;

(b) if there is no surviving spouse, to the children per stirpes as equal tenants in common;

(c) if there is no surviving spouse nor surviving children, then to the owner's parents as equal tenants in common;

(d) if there is no surviving spouse, children or parents, then to the owner's siblings as equal tenants in common;

(e) if there is no surviving spouse, children, parents or siblings, then ownership in the grave or crypt shall pass to the owner's next of kin as tenants in common pursuant to the laws of intestacy;

(f) Notwithstanding subparagraphs (a) through (e) of this paragraph (1), if an owner dies leaving a surviving spouse, but having surviving children from a prior marriage or relationship, those children and the surviving spouse shall be owners of the grave or crypt as tenants in common.

(2) If the grave or crypt is owned by more than one person, one owner's share may be transferred to another owner.

(3) Ownership of the grave or crypt may be transferred to any heir at law of the person buried in the space.

(4) The owner may convey the grave or crypt in trust to a bank or trust company or to the cemetery company for the benefit of the owner of the grave or crypt and the protection of the human remains already buried in it, pursuant to the terms of the deed of trust. Acceptance of the conveyance in trust by the cemetery company shall require a majority vote of its governing board.

(5) If additional burials are permitted to be made in the grave or crypt, the grave or crypt may be transferred to allow for those burials.

d. A cemetery company shall maintain records of transfers of ownership of interment spaces. Records shall be kept in the manner specified by the board in its regulations. Records shall be indexed both by the number of each interment space and by the name of each owner.

L.2003,c.261,s.28.