§ 7-07 Inheritance of Burial Right.
RCNY § 7-07
(a)In the event of the death of the owner of a burial right any and all privileges (rights) of the plot holder shall pass to the plot holder's family as set forth in the following sections.
(b)The surviving spouse or surviving domestic partner of the owner of the certificate of burial right of record has the right to be buried with his/her spouse or domestic partner. This right may be waived at any time but terminates with burial elsewhere.
(c)Where burial privileges in the grave or plot are held in the name of one person only: (1) The rights of interment in the plot may be disposed of by specific bequest in a will, subject to the vested right of interment of the surviving spouse, but not by residuary clause. The specific bequest must mention the section, the lot and grave number of the plot.
(2)If the owner of the certificate of burial right shall have filed notarized instructions at the cemetery office as to which member or members of his/her family shall succeed to the privileges (rights) of the plot, said instructions shall be recognized by the Commissioner and will be followed if in the judgment of the Commissioner such instructions are definite, reasonable and practicable, subject, however, to a vested right of interment of the surviving spouse.
(3)If no valid or sufficient written instructions shall have been filed with the Commissioner, or if valid and sufficient instructions are in conflict with a later will, and the owner of the certificate of burial right has left instructions in said will, duly admitted to probate in a court having jurisdiction thereof, subject, however, to a vested right of interment of a surviving spouse, such instructions shall control, provided they are not in conflict with cemetery rules and regulations then in force and providing the Commissioner has been furnished with a certified copy of the same.
(4)In the absence of valid and sufficient instructions filed with the commissioner by the owner of the certificate of burial right or a duly probated will, the privileges (rights) of interment shall devolve upon those entitled to succeed thereto by the intestate laws of the State of New York keeping in mind the vested right of interment of the surviving spouse or surviving domestic partner.
(d)Where the certificate of burial right is registered with the Commissioner in the name of more than one person the privileges (rights) of the interment follow as above for the deceased co-owners.
(e)When no one included in the classification set forth above is living, burial rights will have terminated.
(f)Any person acquiring the privileges (rights) of a plot holder by inheritance must also accept any and all liabilities associated with the plot, including, in the case of a plot covered by annual care, any arrearages and all future annual care charges.
(g)Notwithstanding the above provisions of this section, it shall be the obligation of the supervising spouse or surviving domestic partner and/or heirs to claim ownership of a burial right upon the death of a plot holder. In the event that the commissioner is not notified in writing of a claim to a burial right within five years of the death of the plot holder, such burial right shall terminate with respect to any empty grave covered by the deceased plot holder's certificate of burial.
(h)Any person(s) claiming inheritance of a burial right must furnish the Commissioner a copy of the will of the deceased plot holder duly certified by the court in which the will was admitted to probate. In the event that the deceased plot holder left no will, the claimant(s) must furnish to the Commissioner a notarized affidavit from the executor of the decedent's estate stating that the claimant(s) is (are) the beneficiary(ies) of the burial right or other proof of inheritance satisfactory to the Commissioner in his sole discretion. Additionally, all claims must be documented on the cemetery's official claim of inheritance of right of burial form.
