New Jersey § 45:27-28

§ 45:27-28.

a. When a cemetery transfers an interment space or niche and records the transfer,

the person or persons to whom it was transferred become the owner of the interment

space or niche. The conveyance issued by a cemetery shall indicate whether the cemetery company

is transferring title to the interment space or niche or only a right of burial in

it. The conveyance may: (1) provide that the owner take title subject to existing and future reasonable regulations

of the cemetery; and (2) contain other reasonable restrictions on use or transfer consistent with this

act. b. Except as limited by subsection c. of this section, the owner of an interment space

or an interest in one in a cemetery may transfer the space or interest to any person

or to the cemetery company. Transfers may be made on agreed conditions, provided the conditions are recorded

in the office of the cemetery company. The cemetery company shall record a cemetery transfer in its records when a document

of transfer is presented to the cemetery company and any other requirements imposed

by law or regulations of the cemetery company are met. The transfer shall be effective on recordation by the cemetery company. c. After human remains have been buried in a grave or crypt, that grave or crypt shall

not be transferred except as follows: (1) Ownership of the grave or crypt may be transferred by will if it is identified

specifically in the will rather than by a residuary clause or by general reference

to real property. Otherwise, on the death of the owner, ownership shall descend in the order listed

below: (a) to the surviving spouse and the owner's children, if any, per stirpes, as equal

tenants in common; (b) if there is no surviving spouse, to the children per stirpes as equal tenants

in common; (c) if there is no surviving spouse nor surviving children, then to the owner's parents

as equal tenants in common; (d) if there is no surviving spouse, children or parents, then to the owner's siblings

as equal tenants in common; (e) if there is no surviving spouse, children, parents or siblings, then ownership

in the grave or crypt shall pass to the owner's next of kin as tenants in common pursuant

to the laws of intestacy; (f) Notwithstanding subparagraphs (a) through (e) of this paragraph (1), if an owner

dies leaving a surviving spouse, but having surviving children from a prior marriage

or relationship, those children and the surviving spouse shall be owners of the grave

or crypt as tenants in common. (2) If the grave or crypt is owned by more than one person, one owner's share may

be transferred to another owner. (3) Ownership of the grave or crypt may be transferred to any heir at law of the person

buried in the space. (4) The owner may convey the grave or crypt in trust to a bank or trust company or

to the cemetery company for the benefit of the owner of the grave or crypt and the

protection of the human remains already buried in it, pursuant to the terms of the

deed of trust. Acceptance of the conveyance in trust by the cemetery company shall require a majority

vote of its governing board. (5) If additional burials are permitted to be made in the grave or crypt, the grave

or crypt may be transferred to allow for those burials. d. A cemetery company shall maintain records of transfers of ownership of interment

spaces. Records shall be kept in the manner specified by the board in its regulations. Records shall be indexed both by the number of each interment space and by the name

of each owner.