New Hampshire Cemetery Association
Ownership of Cemetery Plots or Burial Spaces
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290:24 Ownership of Cemetery Plots or Burial Spaces.
The ownership of a cemetery plot or burial space, as defined under RSA 289:1, II, shall be governed by the following provisions:
I. If the deceased has designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership passes to that person, subject to the regulations established under RSA 289:2.
II. If the deceased has not designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership shall be determined under the provisionss of RSA 561:1 and RSA 289:2.
III. Notwithstanding other provisions of this subdivision, when the ownership of a cemetery plot or burial space is unclear or in dispute, the court of probate for the residence of the deceased may, upon receipt of a petition filed by the next of kin or other interested party, render a determination regarding ownership of the cemetery plot or burial space in compliance with applicable law, including any regulations established by the municipality or cemetery trustees under RSA 289:2.
289:2
Every municipality shall provide one or more suitable cemeteries for the interment of deceased persons within its boundaries, which shall be subject to such regulations as the municipality may establish. In the absence of regulations established by vote of the legislative body, the cemetery trustees may establish such regulations pursuant to RSA 289:7, I(a). The operation and maintenance of all cemeteries owned and maintained by the municipality shall be in the charge of the cemetery trustees.
561:1
This lengthy chapter covers the distribution of an estate upon intestacy.
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Last changed 9 February 2007
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