CHAPTER 41. FAMILY BURIAL LOTS
IC 23-14-41
Chapter 41. Family Burial Lots
IC 23-14-41-1
Application of chapter
Sec. 1. This chapter applies to all burial rights in:
(1) cemeteries organized or created after June 14, 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.15.
IC 23-14-41-2
"Burial plot" defined
Sec. 2. As used in this chapter, "burial plot" means the unit ofspace, consisting of one (1) or more:
(1) grave spaces;
(2) mausoleum crypts;
(3) garden crypts; or
(4) niches;
originally conveyed by the cemetery and remaining after anytransfers made by the record owner during the record owner's life.
As added by P.L.52-1997, SEC.15.
IC 23-14-41-3
Holding of family burial plot
Sec. 3. Upon the death of the record owner of the burial rights ina burial plot, the burial plot shall be held as the family burial plot ofthe deceased owner, if:
(1) the remains of the record owner have been interred,entombed, inurned, or disposed of;
(2) the record owner did not dispose of the burial rights by aspecific devise in the owner's last will and testament or by awritten designation or transfer of ownership recorded with thecemetery under IC 23-14-42; and
(3) there is at least one (1) interment, entombment, or inurnmentin the burial plot.
As added by P.L.52-1997, SEC.15.
IC 23-14-41-4
Use of family burial plot
Sec. 4. (a) In a family burial plot:
(1) one (1) grave, crypt, or niche may be used for the recordowner's interment, entombment, or inurnment;
(2) after the record owner's interment, entombment, orinurnment, one (1) grave, crypt, or niche may be used for thesurviving spouse of the record owner; and
(3) in the spaces remaining, if any, the parents and children ofthe deceased record owner, in order of need, may be interred,
entombed, or inurned without the consent of any personclaiming an interest in the family burial plot.
(b) If there is no parent or child who survives the deceased recordowner, the right of interment, entombment, or inurnment in a familyburial plot shall go in order of need to:
(1) the heirs at law of the deceased record owner, or the spouseof the heir if the heir is already interred, entombed, or inurned,as specified by the statutes of descent; or
(2) the spouse of any heir at law of the deceased record owner.
As added by P.L.52-1997, SEC.15. Amended by P.L.113-2007,SEC.1.
IC 23-14-41-5
Waiver of burial rights
Sec. 5. (a) A:
(1) surviving spouse; or
(2) parent, child, or heir;
of the deceased record owner of a family burial plot who has a rightof interment, entombment, or inurnment in the plot may waive thatright in favor of another relative or spouse of the deceased recordowner through a written instrument that is recorded with thecemetery.
(b) After a written waiver is recorded under subsection (a), thebody of the individual in whose favor the waiver is made may beinterred, entombed, or inurned in the family burial plot.
As added by P.L.52-1997, SEC.15.
IC 23-14-41-6
Affidavit permitting use of family burial plot
Sec. 6. An affidavit that sets forth:
(1) the fact of the death of the record owner of the burial rightsin a family burial plot; and
(2) the name of the individual or individuals who are entitled touse the family burial plot in accordance with this chapter;
is complete authority to the cemetery to permit the use of theunoccupied portions of the family burial plot by the individual orindividuals who are shown by the affidavit to be entitled to use thefamily burial plot.
As added by P.L.52-1997, SEC.15.
IC 23-14-41-7
Termination and transfer of family burial plot
Sec. 7. If a family burial plot has been established under section3 of this chapter and all the living children and parents of thedeceased record owner consent in writing, the status as a familyburial plot may be terminated and the remaining lots may betransferred, conveyed, or sold to the cemetery owner or any otherperson designated in the agreement.
As added by P.L.113-2007, SEC.2.