Before cemetery property can be transferred, it must be offered to the cemetery corporation at not more than the price paid for it, plus 4 percent simple interest per year from date of purchase. If the cemetery refuses to repurchase on those terms, and provided the plot is unoccupied, you may transfer it to an eligible third party (to be found by you) subject to our approval, at a price mutually agreed upon or as a gift. Cemetery property may not be purchased by undertakers, brokers, etc., for the purpose of resale.
Plots that contain burials are inalienable (cannot be conveyed) except as provided below (Section 1513 NPCL):
Any person who is the sole owner of the burial rights in a cemetery lot, plot or any part thereof, in which a burial has been made, may give his entire interest, or, if not prohibited by the rules and regulations of the cemetery corporation, any portion thereof to any person within the third degree of consanguinity to the owner, or, in the event that no such person exists, within the fourth degree of consanguinity to such owner. Such conveyance shall be made subject to the right of interment of the spouse of any deceased owner, which right said spouse may release at any time, but no conveyance or devise by any other person shall deprive the surviving spouse of such right. Burial rights shall not be conveyed pursuant to the provisions of this subparagraph more frequently than once in any ten-year period.
If the cemetery refused to repurchase the cemetery property, a written refusal to do so will be given to you by the cemetery, which must be submitted to this office with the transfer application. It must have been issued within two years prior to the application.
Upon receipt of a properly and fully completed application and the cemetery’s refusal, the application will receive prompt attention.
Please return all transfer applications to the following address:
NYS DEPARTMENT OF STATE
DIVISION OF CEMETERIES
ONE COMMERCE PLAZA, 99 WASHINGTON AVE.
ALBANY NY 12231-0001