i want an attorney who practices indiana cemetery law

by Prof. Marianne Koss MD 4 min read

What are the burial laws in Indiana?

In Indiana, bodies must be buried in established cemeteries within a "reasonable time after death". (Indiana Code § 23-14-54-1.) If you want to bury a body on private land and you live in a rural area, you may be able to establish a family cemetery. Check with the county or town clerk for any local zoning laws and other ordinances you must follow.

How do I set up a family cemetery in Indiana?

Laws Regarding Cemeteries in Indiana IC 14-21-1-2 Defines an artifact as an object made, modified, or used before December 31, 1870. IC 14-21-1-3 ... While the word cemetery has been taken out of this law (and only uses burial ground) this law still impacts all cemeteries.

What is the definition of a cemetery in Indiana?

Apr 20, 2018 · The is stated in Indiana Code § 16-37-3-3 . You need death certificates for: filing the deceased taxes. bereavement leave from work. to obtain a bereavement fare from airlines. social security benefits and more. As an executor of the estate, you should ask for at least ten copies. To order copies of the death certificate simply contact the ...

Is embalming needed in Indiana?

Jan 29, 2021 · The following list offers a brief summary of the laws relating to cemeteries. To read any law in its entirety, click the IC number. State Cemetery Laws . IC 14-21-1-13.5 - Authorizes the Department of Natural Resources - Division of Historic Preservation and Archaeology to conduct a survey program of every cemetery and burial ground in Indiana.

What are the burial laws in Indiana?

In Indiana, bodies must be buried in established cemeteries within a "reasonable time after death". (Indiana Code § 23-14-54-1.) If you want to bury a body on private land and you live in a rural area, you may be able to establish a family cemetery.

Who is responsible for funeral expenses in Indiana?

You can either pay for your plans before you die, or you can set aside money for your survivors to use for this purpose. If you don't do either of these things, and there's not enough money in your estate to pay for funeral goods and services, your survivors must cover the costs.

Do you have to be buried in a casket in Indiana?

Is a Casket Needed For Burial or Cremation in Indiana? Burial- No laws requires a casket for burial. But certain cemeteries have rules requiring a certain type of container or burial vault. Cremation- No laws require a casket for cremation.Apr 20, 2018

Is there a governing body for funeral directors?

Is There a Governing Body? The National Association of Funeral Directors serves the profession, but subscription to the NAFD is entirely voluntary. If someone does something against their Code of Practice, they just get a fine.May 28, 2019

What does it cost to be cremated in Indiana?

In Indiana, the average cost for a burial and funeral is $5,600....Indianapolis.Service TypeAverage CostPrice RangeDirect Cremation$1,550$1,395 - $1,995Immediate Burial$2,050$1,995 - $3,010Cremation Memorial$1,830$1,755 - $2,7501 more row

Does Medicaid pay for funerals in Indiana?

Burial Assistance is available to recipients in the Medicaid Aged, Blind, and Disabled categories (MA A, MA B, MA D, MASI, MADW, or MA R) who die on or after 7-1-99. Burial Assistance is not available to recipients in the Disability Improved (MADI) category. It is 100% state funded.

Is it legal to scatter ashes in Indiana?

In Indiana, state law stipulates that cremated ashes may be kept by the person who is legally entitled to them or disposed by: 1) placing them in a grave, crypt, or niche; 2) scattering them in a scattering area, such as a designated scattering garden in a cemetery; or 3) scattering them on the property of a consenting ...Mar 3, 2020

Can a funeral director hold ashes?

Typically funeral director will hold onto the ashes for as long as you need to decide upon a final resting place, whether that be interred into an urn or scattered at a location of remembrance or personal meaning.

How many urns can be buried in a plot in Indiana?

The cemetery allows for up to four urns in one plot.Nov 16, 2020

Who do I complain to about a funeral director?

If your complaint is about a funeral director rather than a funeral plan we suggest you contact one of the two main funeral director trade bodies – National Association of Funeral Directors (NAFD) or The National Society of Allied and Independent Funeral Directors (SAIF).

Who can join the NAFD?

The business applying for membership must have been open and trading – under its current ownership – for a minimum of six months or have conducted a minimum of ten funerals since trading commenced (open for business), whichever comes first.

Who is responsible for arranging a funeral?

executorUsually, the executor is responsible for arranging the funeral, covering the costs of the funeral arrangements, and managing the estate after death. With legal access to the estate of the person who has died, the executor may be able to fund the funeral costs through the savings or assets left behind.

What are the laws for a body to be buried in Indiana?

Burial and Cremation Laws in Indiana. Each state has laws that affect what happens to a body after death. These laws include ash scatting, embalming, disposition methods. In this article we cover the common burial and cremation laws in Indiana.

How long can you keep ashes in Indiana?

Cremated ashes can be kept by the family or disposed by: Indiana Code 23-14-31-44 states within ten days of placement or scattering a form documenting disposition must be filed. When scattering ashes, there are additional laws you should follow, or else you will get fined.

What is direct interest in death records?

Direct interest is defined as members of the deceased person’s immediate family, funeral directors, and genealogical researchers* ( only if the record is over 75 years old)

Do you need a casket for a burial?

Burial- No laws requires a casket for burial. But certain cemeteries have rules requiring a certain type of container or burial vault. Cremation- No laws require a casket for cremation. The funeral rule requires a funeral home or crematory to inform you that you can use an alternative container, and make those containers available to you.

Does Indiana require embalming?

This delays a corpse from decaying. It is normally used during visitation purposes. In Indiana, there are no laws that require embalming. But if you decide to ship a body over state lines it may be required.

Is cremation legal in Indiana?

The burial and cremation laws in Indiana are there to protect public health and protect consumers. Following these laws are key to avoid fines and penalties. Different states have different funeral laws. Click here to learn about Florida’s cremation laws.

What are the laws of cemeteries?

The Basic Laws Pertaining to Cemeteries. Americans have a hard time dealing with dying and death and often only deal with estate planning, elder care planning and selection of funeral arrangements when they have no choice, e.g. when death is imminent or already has occurred. The result can be both frustrating and expensive as people are required ...

Why do police have to regulate cemetery locations?

Some additional reasons for exercising the police power regarding the regulation of cemetery locations are: the public welfare in general. whether the establishment of a cemetery might disarrange the location of streets and highways and adversely affect civic enterprise. the prosperity of the community.

What happens when a cemetery is abandoned?

When the use is terminated and the cemetery abandoned, there is a reverter to the original donors or their legal representatives, free of such use . This rule applies to both statutory and common-law dedications.

What is the place where the final ceremonies of death are observed?

Cemeteries can be the place where the final ceremonies of death are observed. These ceremonies or rites differ according to cultural practice and religious belief. The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead.

How does a state regulate the location of cemeteries?

A state may regulate the location of cemeteries through the exercise of its police power by statute directly regulating the location of cemeteries. In California, see Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (U.S. 1910).

What is a cemetery?

Definitions: A cemetery is a place where dead bodies and cremated remains are buried. It is a locale set aside, either by governmental authority or private enterprise. A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family.

What happens when you sell the same plot over and over?

Occasionally, scandalous information comes out as to failure to bury the right person in the right plot or, even worse, selling the same plot over and over, the bodies literally piled upon each other.

What is the code for a cemetery in Indiana?

cemetery association: means any cemetery association, cemetery corporation, or cemetery organization that: Indiana Code 23-14-76-2. cemetery board: means : Indiana Code 23-14-65-1. Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5.

What is a burial plot in Indiana?

burial plot: means the unit of space consisting of one (1) or more: Indiana Code 23-14-42-1. burial plot: means an individual grave space that is used or intended to be used for the interment of the remains of a deceased individual. See Indiana Code 23-14-42.5-2.

What is an authorizing agent in Indiana?

authorizing agent: means a person legally entitled to order the cremation and final disposition of specific human remains. See Indiana Code 23-14-31-2. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC.

What is cremation chamber?

See Indiana Code 23-14-31-8. cremation chamber: means the enclosed space where the cremation takes place.

What is temporary container in Indiana?

temporary container: means a receptacle: Indiana Code 23-14-31-20. Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.

What does "deceased animal" mean in Indiana?

deceased animal: means a deceased animal: Indiana Code 23-14-42.5-3. deceased owner: refers to the deceased record owner of burial rights in a burial plot. See Indiana Code 23-14-42.5-4. Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another.

What is the code for a veteran to be buried in a national cemetery?

verification information: means data required by the United States Department of Veterans Affairs to verify whether a deceased person is a veteran or a dependent of a veteran and is eligible for burial in a national or state cemetery, including: Indiana Code 23-14-54.5-4.