CHAPTER 40. JOINT BURIAL RIGHTS IN MULTISPACE PLOTS
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 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 this
chapter.
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 plot
containing more than one (1) interment, entombment, or inurnment
space.
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 the
right 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 are
husband and wife, the title shall be recognized as a tenancy by the
entirety, and the right of interment, entombment, or inurnment shall
be vested and controlled equally by both while living, or, after the
death of one (1) spouse, by the surviving spouse or the surviving
spouse'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 as
joint tenants, each joint tenant has a vested right of interment,
entombment, or inurnment of the joint tenant's remains in the burial
plot. Upon the death of a joint tenant, the title to the burial rights
previously held in joint tenancy immediately vests in the survivor or
survivors, 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 is
named in the instrument of grant of burial right in a cemetery
plot;
is filed with the cemetery in which the plot is located, the affidavit
is complete authority to the cemetery to permit the use of the
unoccupied portion of the plot in accordance with the direction of the
surviving joint tenant or the successor in interest of the surviving
joint 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 a
particular 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 inurnment
of 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 inurnment
under this chapter does not give any individual the right to:
(1) have the individual's remains interred, entombed, or inurned
in any interment, entombment, or inurnment space in which the
remains of a deceased individual having a prior vested right of
interment, entombment, or inurnment have been deposited; or
(2) have the remains of more than one (1) deceased individual
interred, entombed, or inurned in a single interment or
entombment space or niche in violation of the rules and
regulations of the cemetery in which the interment or
entombment space or inurnment niche is located.
As added by P.L.52-1997, SEC.14.