0095-hb 1413

CHAPTER 95

HB 1413 - FINAL VERSION

AN ACT relative to the rights of ownership of cemetery plots or burial spaces.

SPONSORS: Rep. Patten, Carr 9; Rep. Knowles, Straf 11; Rep. MacNeil, Graf 7; Sen. Trombly, Dist 7; Sen. Gordon, Dist 2; Sen. Brown, Dist 17; Sen. Francoeur, Dist 14

This bill establishes criteria for determining ownership of cemetery plots or burial spaces for purposes of probate of estates.

This bill was requested by the study committee on rights of ownership to cemetery plots established in 1999, 262.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the rights of ownership of cemetery plots or burial spaces.

Be it Enacted by the Senate and House of Representatives in General Court convened:

95:1 Reference Added; Definitions; Owner of Burial Space. Amend RSA 289:1, VIII to read as follows:

VIII. "Owner" means any person or persons owning or possessing the privilege, license, or right of interment in any burial space, as determined under RSA 290:24.

95:2 New Subdivision; Ownership of Cemetery Plots or Burial Spaces. Amend RSA 290 by inserting after section 23 the following new subdivision:

290:24 Ownership of Cemetery Plots or Burial Spaces. The ownership of a cemetery plot or burial space, as defined under RSA 289:1, II, shall be governed by the following provisions:

I. If the deceased has designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership passes to that person.

II. If the deceased has not designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership shall be determined under the provisions of RSA 561:1.

III. Notwithstanding other provisions of this subdivision, when the ownership of a cemetery plot or burial space is unclear or in dispute, the court of probate for the residence of the deceased may, upon receipt of a petition filed by the next of kin or other interested party, render a determination regarding ownership of the cemetery plot or burial space.

554:1 Inventory. Every administrator shall file under oath, with the court, within 90 days after the date of appointment, a full, true and itemized inventory of all the estate of the deceased which has come to the administrator's knowledge. If an administrator fails to file an inventory within 30 days after the required filing date, the administrator is in default. The register of probate shall give notice of the default to the administrator by first class mail within 10 days after the default. The register of probate shall issue a citation notice in accordance with RSA 548:5-a. The inventory shall contain a description of the real estate; a correct schedule of all goods, chattels, stocks, bonds, cemetery plots or burial spaces, and other effects of the deceased; of all notes, with their dates and terms of payment, and the date and amount of each endorsement thereon; of all deposits in savings banks, with the name and location of each bank, the number of each book, the date of the last dividend, and the whole amount then due thereon less any withdrawals since that date; and a list and description of any other written evidences of debt. If any person claims a present legal or equitable right of title to real or personal property in the estate of the deceased, the administrator may petition the probate court pursuant to RSA 547:11-b to determine the question as between the parties.