Frequently Asked Questions

Yes, you have a choice of how your remains will be cared for, including burial, cremation and entombment. We recommend that you prepare written instructions explaining your wishes.

Yes, but only under three conditions – all involving nonpayment. They are: 1) nonpayment of the total purchase price of the grave or lot; 2) nonpayment of the burial (interment) charges; or 3) non-payment of an authorized lot tax.

While there is no legal requirement on the specific period for backfilling a grave, the Cemetery Board does require that it be completed within a reasonable time.

While some communities may have local regulations on this matter, there are no state rules concerning burial on private property. However, the State Sanitary Code (10 NYCRR, Parts 100-158) does define the distances required between cemeteries and water sources (which vary from district to district). If you wish to make burial arrangements on private property you should check with your local government officials.

One purpose of the concrete vault or grave liner is to deter the collapse of the grave and to protect the casket. As of January 1, 1985, an incorporated cemetery may require the use of a concrete burial vault on all lots purchased after that date. Written information on this requirement must be provided to potential lot owners prior to purchase. In the event that this requirement conflicts with one’s religious beliefs, it will be waived.

Burial rights obtained through inheritance should be recorded with the cemetery. Section 1512(b) of the N-PCL regarding ownership of lots states that unless specifically assigned by will (including reference to the specific lot number, section number, cemetery name), a cemetery lot is inherited by the descendants of the lot owner.

Cemetery property is owned by the cemetery corporation. The real property is not sold. The lot “owner” receives three privileges: the right of burial, the right to memorialize (i.e., to place a marker or headstone) and the right to vote at lot owner meetings.

Some cemeteries have an approved, voluntary perpetual care charge. Other cemeteries may accept perpetual care gifts or bequests. A perpetual care endowment cannot be spent-, only the income can be used, and only for the endowed lot. The term “perpetual” can be a misnomer. If a perpetual care endowment does not yield enough income to provide adequate care, a cemetery may request an addition to the endowment. This is strictly voluntary on the part of the endowment holder; a cemetery cannot refuse burial for nonpayment of perpetual care.

If there are any burials/entombments (bodies or cremated remains) in the memorial property, it cannot be sold. If there are no burials, you must first offer the memorial property back to the cemetery at the original purchase price plus four percent simple interest per year. If the cemetery is not willing to pay that price, they will give you a letter of refusal so you will be free to find a buyer.