In most US cemeteries, a plot is sold "in perpetuity," which means the right to use it for burial does not expire. What you own, though, is usually not the land itself but the right of interment: the right to be buried in that space, subject to the cemetery's rules. That right can pass to your heirs, and it stays with the plot even if many years go by before it is used.
What you actually buy
A cemetery plot purchase is different from buying a piece of land. In most cases, the cemetery keeps title to the ground and sells you one or more of the following:
- The right of interment: the right to bury human remains (a casket or cremated remains) in a specific space.
- The right to place a memorial: usually a headstone or marker that meets the cemetery's size and material rules.
- Associated rights for the owner: for example, deciding who may be buried in the plot.
The document you receive may be called a deed, a certificate of interment rights, a certificate of ownership or a burial rights certificate. Whatever it is called, it should identify the cemetery, the section, lot and grave number, and the name of the owner. Keep it with your important papers, and tell your family where it is.
If you are unsure how to read that document, How Are Cemetery Plots Organized? explains sections, lots and rows.
How long the right lasts
Perpetual interment rights
The standard arrangement in the United States is a perpetual right. Once a burial takes place, the grave is not reused, and the cemetery is expected to maintain it indefinitely, often supported by a perpetual care fund. For more on that fund, see What Is Perpetual Care?.
Time-limited or leased graves
Leased graves, where remains are moved after a set number of years, are common in parts of Europe and elsewhere, but they are rare in the US. If a cemetery offers anything other than a perpetual right, the contract should say so clearly. Read the terms before you sign.
Unused plots and abandonment
A plot that has never been used can sit empty for decades without any problem. However, some states have laws that allow a cemetery to reclaim an unused plot after a very long period (often measured in decades) if the owner cannot be found and the cemetery follows a formal notice process. The rules differ considerably by state. Keeping your contact details up to date with the cemetery office is the simplest way to protect an unused plot.
Who controls the plot after the owner dies
This is where families most often run into questions. The person named on the deed is the owner. When that person dies, the right to the unused plots usually passes in one of these ways:
- By will. If the owner's will leaves the plot to a specific person, that person generally becomes the new owner.
- By state law. If there is no will, or the will does not mention the plot, state law decides. Many states have specific rules for burial rights, often giving priority to a surviving spouse and then to children.
- By transfer during life. The owner can transfer the plot to someone else while still living, through the cemetery's transfer process.
Cemeteries typically require documentation before allowing a burial in a plot whose original owner has died. This may include a death certificate, a copy of the will or probate documents, and a signed affidavit from heirs. Some cemeteries require all heirs to sign a consent if ownership is unclear. Starting this paperwork early, before it is urgently needed, prevents stress at the time of a death.
Common situations
| Situation | What usually happens |
|---|---|
| Parents bought four plots; one parent has died | The surviving parent usually retains control of the remaining plots |
| Both owners have died with unused plots | Rights pass by will or state law; the cemetery may ask heirs to sign an affidavit |
| A family member wants to use a plot but siblings disagree | The cemetery may refuse the burial until consent or a court order is provided |
| You moved away and no longer want the plot | You may be able to sell it back to the cemetery or transfer it privately |
| A plot owner cannot be located | State law and cemetery rules govern whether the plot can be reclaimed |
If you no longer need a plot, Can Cemetery Plots Be Resold? explains the options.
What the cemetery can and cannot change
Owning interment rights does not mean you can do anything you like with the space. Cemeteries set rules on:
- The size, material and placement of headstones and markers
- Whether a vault or grave liner is required
- Plantings, fences, benches and grave decorations
- How many burials (caskets or urns) a single grave may hold
- Visiting hours and access
Cemeteries can update their rules over time, generally within the limits of state law and your original contract. They cannot, however, sell your plot to someone else or move a burial without following strict legal procedures.
Keeping your records in order
Good records save families a lot of trouble. We suggest:
- Keeping the deed or certificate with your will and other important documents
- Writing down the cemetery name, address, section, lot and grave numbers
- Registering a current address and phone number with the cemetery office
- Naming who should receive unused plots in your will
- Telling family members which plots are intended for whom
If you need to locate a cemetery office, use our search tool or browse by state from the states page.