A cemetery plot is one of the few things people buy without being sure what they own. Often you aren't buying a piece of land at all. You're buying interment rights: the right to have remains placed in that space, plus the right to put up a memorial. New York's cemetery regulator puts it plainly, saying a cemetery selling a grave "is not selling real estate."
That matters, because interment rights come with the cemetery's rules, fees that sit on top of the price of the space, and limits on what you can do with it later. Here are the questions worth asking first, for a burial now or one years away.
What kind of space are you buying?
Cemeteries sell a few different kinds of space, and the FTC's glossary gives plain definitions for each.
| Type | What it is | Holds |
|---|---|---|
| Grave | A space in the ground | A casket, or an urn of cremated remains |
| Side-by-side or double-depth grave | Two graves next to each other, or one dug deep enough for two caskets stacked | Two people, often a couple |
| Crypt | A space in a mausoleum (a building for entombment) | A casket or cremated remains |
| Niche | A small space in a columbarium, mausoleum or niche wall | An urn |
Not every cemetery offers every type. If you want a double-depth grave, ask whether the cemetery allows it. California's consumer guide notes that a multiple-depth grave can limit later rights to move remains (disinterment) and may carry special opening and closing fees.
What will it cost beyond the space itself?
The price of the plot is rarely the whole cemetery bill. The FTC lists these cemetery charges separately:
- Opening and closing: digging the grave before the burial and filling it afterward. Crypts and niches have opening and closing fees too.
- A grave liner or vault, if the cemetery requires one. No state law requires either, but many cemeteries do, so the ground doesn't sink.
- Perpetual care, also called endowment care: money set aside, often in a trust, for long-term upkeep of the grounds. The FTC says it's sometimes included in the plot price and sometimes not, so ask.
- The marker or monument, plus the cost of setting it.
Ask for each of these in writing, with the price today. If you're buying ahead, ask which of them are paid now and which will be billed at the time of burial, when prices may be higher.
The FTC's Funeral Rule, which makes funeral homes give you an itemized price list, doesn't cover cemeteries unless they also sell funeral goods and services. Some states fill the gap. New York, for example, requires public cemeteries to make a price list available and file it with the state.
What rules come with the plot?
Every cemetery has rules and regulations, and they apply to your plot once you buy. The FTC suggests checking:
- whether you can use a vault or liner bought somewhere else
- what kinds of monuments or markers are allowed
- whether flowers, decorations or other items can be placed on graves
Ask for a copy of the rules before you sign. In New York, the cemetery must give you a receipt, a deed and a copy of its rules when you buy. Elsewhere, ask anyway.
Some cemeteries limit burial to people of a particular faith. If religious requirements matter to your family, ask about them early.
Who owns the plot, and who can be buried in it?
The person who pays doesn't have to be the owner, and a plot can have more than one owner. In New York, the owner can put in writing whose remains may be placed in the space, and close family often has burial rights even without being named. If several relatives inherit a family plot, things can get complicated quickly.
Make sure the cemetery's records show the owners you intend, and keep the deed or certificate with your important papers. Rules on ownership and inheritance vary by state; the cemetery or your state's cemetery regulator can tell you what applies.
Can you sell or transfer it later?
Sometimes, and the rules are stricter than most people expect. Two states show how much they differ:
- New York: it's generally illegal to buy a grave in order to resell it. If you won't use it and no burials have taken place, you must first offer it back to the cemetery in writing. If the cemetery offers at least what you paid plus 4% simple interest a year, you can't sell it to anyone else. If it offers less, you have one year to sell it privately, but not through a broker or to a funeral director.
- Florida: contracts for burial space signed since late 1993 are fully refundable if you ask in writing within the first 30 days. After that, the cemetery doesn't have to buy it back, but you can resell it yourself or use a licensed broker.
Ask the cemetery what its own transfer process is, and whether it charges a transfer fee.
Should you buy ahead of time?
That's a personal choice, and there are trade-offs. The FTC notes that families who buy a plot in the days after a death often do it in a hurry, without visiting the site. Buying earlier gives you time to compare cemeteries and walk the grounds.
If you prepay, read the contract closely. The FTC points out that state protections for prepaid funeral and cemetery purchases vary widely. Ask what happens if you move, if the cemetery changes ownership, or if you change your mind. Then tell your family where the deed is.
Frequently asked questions
Are veterans entitled to a free plot?
An eligible veteran can be buried in a VA national cemetery with the gravesite, opening and closing, perpetual care and a headstone at no cost to the family, and eligible spouses and dependents can be buried there too. The FTC also warns about commercial "veterans' specials" that offer a free plot for the veteran but charge high prices for the spouse's plot next to it. See our veterans burial benefits guide.
Who regulates cemeteries?
States do, through a cemetery board, a funeral and cemetery bureau, or a division of a larger agency. Many cemeteries fall outside state licensing. California's bureau, for example, doesn't license religious or public district cemeteries, and Florida's regulator says fewer than 200 of the state's estimated 3,000 to 5,000 cemeteries are licensed.
Can cremated remains go in a regular grave?
Yes. A grave can hold cremated remains as well as a casket. Ask the cemetery how many urns a grave can take and what it charges to open and close it for one.
What if I have a complaint about a cemetery?
Start with the cemetery's management, in writing. If that doesn't settle it, contact your state's cemetery regulator or your state attorney general's office. Our funeral law by state pages cover each state.
Sources
- FTC: Buying a Cemetery Site
- FTC: Funeral Terms and Contact Information
- FTC: Funeral Costs and Pricing Checklist
- FTC: Planning Your Own Funeral
- VA National Cemetery Administration: Burial and Memorial Benefits
- New York Department of State: Buying a Final Resting Place
- New York Department of State: Transferring a Final Resting Place
- California Cemetery and Funeral Bureau: Consumer Guide to Funeral and Cemetery Purchases
- Florida Division of Funeral, Cemetery and Consumer Services: Consumer FAQ