WHAT IS DISINTERMENT?
These are civil actions filed seeking a court order to disinter the remains of a decedent. The action may be filed by any person who is eighteen years of age or older and of sound mind. The action should be filed in the probate court of the county in which the decedent is buried.
HOW DO I GET AN ORDER FOR DISINTERMENT?
If all of the following are filed in addition to a properly completed application, a disinterment is generally treated as a summary proceeding:
Standard Probate Form 1.0 listing the decedent’s surviving spouse, children, and the lineal descendants of the decedent’s deceased children. If none, list the decedent’s next of kin who would inherit under the statutes of descent and distribution.
Consents to the disinterment from all individuals listed on Standard Probate Form 1.0, if available;
Consent from an officer having control of the management of the cemetery where the decedent’s remains are presently interred which should waive notice of the disinterment;
Consent from an officer having control of the management of the cemetery where the decedent’s remains will be interred which should waive notice of the disinterment; and
If the applicant assumed responsibility for the decedent’s funeral and burial expenses, documentation of that fact.
After disinterment is approved, the successful applicant will be responsible for filing a Verification of Reinterment signed by a representative of the receiving cemetery.
The filing fee for a disinterment is $33.00.