How to Find Out Who Owns a Grave Plot? Step-by-Step Guide for Families and Researchers
Did you know that over 144,000 cemeteries exist in the U.S., yet countless graves remain mysteries to loved ones? Whether you’re tracing family roots or resolving a legal question, uncovering grave ownership is a puzzle—but you can solve it. This guide will walk you through every step, filling in the gaps left by other resources and providing expert insights to help you succeed.
Table of Contents
Why Grave Plot Ownership Matters?
Grave ownership isn’t just about history—it’s a legal matter. Ownership determines who can visit, maintain, or even relocate a burial site. With 58% of Americans interested in genealogy (Pew Research), demand for this information is soaring. Yet gaps in public records and inconsistent state laws often leave families stumped. Let’s bridge that gap.
Step 1: Start with the Cemetery Office
Most cemeteries keep detailed records, including plot ownership, sales, and transfers. Contact the office directly and ask for the “deed of burial” or “interment rights.” Be ready to provide:
- The deceased’s full name and burial date
- Plot location (section, block, and lot numbers)
- Your relationship to the deceased
Pro Tip: Larger cemeteries, like New York’s Green-Wood or Los Angeles’ Hollywood Forever, frequently have online databases. Use keywords like “cemetery plot ownership records [City/State]” to streamline your search.
Step 2: Check County or City Land Records
If the cemetery lacks records, visit the county clerk’s office where the plot is located. Burial plots are considered real property in many states, so deeds may be filed with land records. For example:
- California: Check county recorders under the California Health and Safety Code § 8100.
- Texas: Use the Texas Historical Commission’s cemetery registry for historic sites.
Search terms like “locate grave owner by county [State]” or “burial plot deed search” can yield online portals, such as Cook County, Illinois’ Recorder of Deeds site.
Related article for you:
Do You Have to Pay Taxes on Burial Plots?
Step 3: Dive into Probate Court Files
If the owner is deceased, probate records may hold answers. Estates often include burial plot transfers, especially if the site is part of inherited property. Visit the local courthouse or use platforms like Ancestry.com (which hosts 20 billion historical records) to access wills and estate documents.
Legal Note: In states like Florida, grave ownership disputes may fall under Florida Statutes § 497.260, requiring mediation if multiple heirs claim rights.
Step 4: Use Online Databases and Genealogy Tools
- Find a Grave (75 million memorials) and BillionGraves crowdsource data, often listing plot owners.
- The National Association of Counties provides links to local archives.
- For military graves, the VA’s Nationwide Gravesite Locator lists ownership details for veterans’ plots.
Step 5: Abandoned or Unmarked Graves
Abandoned plots are governed by state laws. For example:
- Ohio Revised Code § 517.27 allows counties to repurpose neglected graves after 50 years.
- Michigan’s Public Health Code § 333.2846 requires cemeteries to maintain public registries.
If a grave is unmarked, hire a licensed surveyor to verify boundaries or consult local historical societies.
Common Challenges (and Solutions)
- “The Cemetery Closed!”
Contact your state’s cemetery oversight board (e.g., Pennsylvania’s Bureau of Funeral Services). - “No Records Exist”
File a FOIA request for older federal burial sites or explore church archives for religious cemeteries. - “Family Disputes Over Ownership”
Consult an estate attorney. In states like Georgia, adverse possession laws (OCGA § 44-5-160) may apply after 20 years of maintenance.
Key Legal Codes to Reference
- Uniform Probate Code (UPC): Governs inheritance of burial rights.
- Local Statutes: E.g., New York’s Not-For-Profit Corporation Law § 1507 regulates cemetery corporations.
Resources for Your Search
- Government Agencies
- Genealogy Platforms
- Legal Assistance
- Legal Services Corporation (low-cost help)
- Cemetery Consumer Assistance
Final Word
Finding out who owns a grave plot can be a puzzle, but it’s solvable with persistence and the right tools. Start with the cemetery, dig into public records, look for online resources, and enlist legal help when needed. Along the way, respect the state-specific laws that govern these sacred spaces. Whether you’re securing a burial site or honoring a legacy, this knowledge brings closure and confidence.
Did we miss a tip? Share your grave plot search story below to help others on their journey.