When you buy a cemetery plot you have the exclusive right to be buried in that plot of land—also known as a right of sepulture (burial or interment).

Laws and definitions of terms vary from state to state but your rights are generally governed by the contract or agreement you sign when you buy the plot; by state laws (statutes) regarding cemeteries and plots; by corporate bylaws for the cemetery corporation that owns and manages the cemetery; by any restrictions in the real property deed (quitclaim deed) used to convey the plot to you; and if you are married when you purchase the plot, by state laws governing marital or community property rights.

Because the right of sepulture is effectively a sale of the land where the plot is located a quitclaim deed or other real property deed may be used to convey or transfer ownership of a plot from the cemetery corporation or a plot owner to a new plot owner.

These laws and agreements may also limit your right to transfer by will ownership of any part of your plot and the right to be buried in the plot (if it is a double plot, for example).

In Montana, when you purchase a cemetery plot, you are granted the exclusive right to be buried in that plot, known as the right of sepulture. This right is typically outlined in the contract or agreement signed at the time of purchase. Montana state statutes, particularly Title 35, Chapter 20 of the Montana Code Annotated, govern the operation of cemeteries and the rights of plot owners. Additionally, the cemetery's corporate bylaws and any restrictions noted in the real property deed, such as a quitclaim deed, also play a role in defining your rights. If you are married, Montana's marital or community property laws may influence the ownership and transferability of the plot. While a quitclaim deed can be used to transfer ownership of a cemetery plot, state laws and the original purchase agreement may restrict the ability to transfer the plot through a will or to sell any portion of it. It's important to review all governing documents and consult with an attorney to understand the specific rights and limitations associated with a cemetery plot in Montana.