IC 23-14-40
    Chapter 40. Joint Burial Rights in MultiSpace Plots

IC 23-14-40-1
Application of chapter
    Sec. 1. This chapter applies to:
        (1) all burial rights in cemeteries organized or created after June14, 1939; and
        (2) cemeteries that:
            (A) were in existence on June 14, 1939; and
            (B) do not have a rule or regulation in conflict with thischapter.
As added by P.L.52-1997, SEC.14.

IC 23-14-40-2
Application of chapter; multispace plots
    Sec. 2. This chapter applies to burial rights in a burial plotcontaining more than one (1) interment, entombment, or inurnmentspace.
As added by P.L.52-1997, SEC.14.

IC 23-14-40-3
Certain burial rights owned with right of survivorship
    Sec. 3. Any burial rights that are held in joint tenancy by two (2)or more persons who are not husband and wife are owned with theright of survivorship.
As added by P.L.52-1997, SEC.14.

IC 23-14-40-4
Burial rights held in joint tenancy by husband and wife
    Sec. 4. If the owners of burial rights held in joint tenancy arehusband and wife, the title shall be recognized as a tenancy by theentirety, and the right of interment, entombment, or inurnment shallbe vested and controlled equally by both while living, or, after thedeath of one (1) spouse, by the surviving spouse or the survivingspouse's successor in interest.
As added by P.L.52-1997, SEC.14.

IC 23-14-40-5
Burial rights of joint tenants
    Sec. 5. In a grant of burial rights to two (2) or more persons asjoint tenants, each joint tenant has a vested right of interment,entombment, or inurnment of the joint tenant's remains in the burialplot. Upon the death of a joint tenant, the title to the burial rightspreviously held in joint tenancy immediately vests in the survivor orsurvivors, subject to the vested right of interment, entombment,inurnment for the remains of the deceased joint tenant owner.
As added by P.L.52-1997, SEC.14.

IC 23-14-40-6 Rights of surviving joint tenant
    Sec. 6. If an affidavit by a competent person that:
        (1) sets forth the fact of the death of one (1) joint tenant; and
        (2) establishes the identity of the surviving joint tenant, who isnamed in the instrument of grant of burial right in a cemeteryplot;
is filed with the cemetery in which the plot is located, the affidavitis complete authority to the cemetery to permit the use of theunoccupied portion of the plot in accordance with the direction of thesurviving joint tenant or the successor in interest of the survivingjoint tenant.
As added by P.L.52-1997, SEC.14.

IC 23-14-40-7
Waiver or termination of burial rights
    Sec. 7. If an individual has a vested right of interment,entombment, or inurnment of the remains of the individual in aparticular plot under this chapter, the right:
        (1) may be waived by the individual in a written instrument; or
        (2) is terminated upon the interment, entombment, or inurnmentof the remains of the individual in a location other than the plot.
As added by P.L.52-1997, SEC.14.

IC 23-14-40-8
Restrictions on burial rights
    Sec. 8. A vested right of interment, entombment, or inurnmentunder this chapter does not give any individual the right to:
        (1) have the individual's remains interred, entombed, or inurnedin any interment, entombment, or inurnment space in which theremains of a deceased individual having a prior vested right ofinterment, entombment, or inurnment have been deposited; or
        (2) have the remains of more than one (1) deceased individualinterred, entombed, or inurned in a single interment orentombment space or niche in violation of the rules andregulations of the cemetery in which the interment orentombment space or inurnment niche is located.
As added by P.L.52-1997, SEC.14.