Application to Unearth a Body from its current location and rebury it in a different location
What to do – fill out these forms:
- Form 25.0 – Application for Order to Disinter Remains
- Include a certified copy of the deceased person’s death certificate with this form.
- Form 1.0 – Surviving Spouse and Next of Kin
- List the surviving spouse, if applicable, and all living Next of Kin (those people who were or would have been entitled to inherit if there were no will).
- Write out the complete addresses for all of the people listed.
- Form 25.5 – Waiver of Notice of Hearing on Application to Disinter Remains
- Obtain waivers (releases) from every person listed on the Form 1.0 – Surviving Spouse and Next of Kin.
- Form 25.6 – Order to Disinter Remains
- Numbers 1 and 2 on the form must be filled out completely.
- The Disinterment Hearing
- If no objections have been filed by the Hearing date, the Disinterment will be granted. A formal hearing, in front of the Judge or a Magistrate, will only be held if any of the Next of Kin object to the disinterment.
If you cannot get signed waivers from all of the people listed on Form 1.0, the Court will set a date for a Disinterment Hearing and send out a certified mailing to those people who have not signed a waiver.
If a disagreement occurs, or consent has not been received by all, the following forms must also be filled out and filed with the Court:
- Form 25.1 – Entry Setting Hearing on Application to Disinter Remain
- Form 25.2 – Notice of Hearing on Application for Disinterment
- Form 25.3 – Affidavit of Service of Notice of Hearing on Application for Disinterment
After the body has been reinterred, file:
- Form 25.4 – Verification of Reinterment
- This form must be completed by the Funeral Director or an employee of the cemetery and be filed at Probate Court within 30 days of the Order to Disinter Remains.
- The filing fee is $73.00.
- If you use a credit card, a 3% charge will be added.
- Additional costs will be charged if the Court has to send out a certified mailing to all next of kin who do not sign waivers.