Can You Buy a Cemetery Plot in Advance in the US?

Detailed Explanation

Buying a cemetery plot ahead of time is common in the US, and most cemeteries actively sell pre-need. This page covers how it works in the US. For the general picture, including the questions worth asking any cemetery, see can you buy a burial plot in advance.

Who regulates cemeteries

There's no single national set of cemetery rules. Cemeteries are regulated by the states, and many states license private cemeteries and their sales staff through a cemetery board or similar agency. California's Cemetery and Funeral Bureau, for example, licenses private cemeteries, cemetery brokers, and cemetery salespersons, but not religious cemeteries, public district cemeteries, or VA national cemeteries.

At the federal level, the FTC's Funeral Rule (which requires itemized price lists) doesn't cover cemeteries and mausoleums unless they sell both funeral goods and funeral services. A stand-alone cemetery isn't required to follow it, so asking for prices in writing matters.

What the plot price covers, and what it doesn't

Buying a plot usually gets you the right to be buried in it, often called an interment right or a deed to the plot, depending on the cemetery. Several costs are commonly separate:

• Opening and closing. The FTC notes that cemeteries charge to open a grave and more to fill it in, usually hundreds of dollars and sometimes much more. For a pre-need plot this is often paid at the time of burial, at the prices in effect then, unless you prepay it.
• Grave liner or vault. The FTC says most, but not all, cemeteries require an outer burial container, and a grave liner alone costs several hundred dollars. This isn't a legal requirement in itself. It's a cemetery rule to stop the ground from settling.
• Endowment or perpetual care. Many states require part of the plot price to go into a trust fund for long-term upkeep. In California, for example, this is a one-time endowment care fee. The FTC advises checking whether perpetual care is included in the price before you buy.
• Marker or headstone, and setting fees. Usually a separate purchase, and many cemeteries charge to install it.

Prices vary widely between cemeteries and between sections of the same cemetery, and plots are typically much more expensive in and around large cities.

Reselling or transferring a plot

Private resale of cemetery plots is more common in the US than in many countries, but it isn't unregulated:

• The cemetery usually has to record the transfer, and many charge a transfer fee. Some cemetery rules restrict who a plot can be sold to.
• Some states give the cemetery first refusal. In New York, the owner of an unused lot in a not-for-profit cemetery must first offer it back to the cemetery in writing, at the price paid plus 4% simple interest per year. Only if the cemetery doesn't accept within 30 days can it be sold to someone else. New York also makes it unlawful to buy a lot for the purpose of resale.
• Resale prices may be lower than the cemetery's current price. An unused plot may not sell quickly, and brokers charge commission. In some states cemetery brokers are licensed.

State rules differ, so check your state's cemetery regulator and the cemetery's written policy before counting on a resale.

Veterans and VA national cemeteries

VA national cemeteries work differently. They don't sell plots, and individual gravesites can't be reserved. Instead, veterans, eligible spouses, and some dependents can apply for a pre-need eligibility determination using VA Form 40-10007. VA keeps the decision on file so the family has less to prove at the time of need, but it can't guarantee burial in a preferred cemetery and assigns the gravesite once the burial is scheduled. For an eligible veteran, burial in a national cemetery includes the gravesite, opening and closing, a grave liner, and a government headstone or marker at no cost. State and tribal veterans cemeteries set their own eligibility rules, which may include residency.

The FTC also warns that some commercial cemeteries offer a "free" plot to a veteran but charge high prices for the adjoining plot for a spouse and for opening and closing each grave, so compare the full cost.

Things to Consider

• Get a written, itemized price for everything the burial will need, not just the plot. Ask what's included, what will be charged later, and whether later charges are locked in.
• Check whether the cemetery is state-licensed. It affects where you can take a complaint. Religious, municipal, and national cemeteries are often outside state licensing.
• Ask about double-depth and companion options if you're buying for a couple. Multiple-depth graves can limit later disinterment and may carry extra fees.
• Keep the deed or certificate with your other papers, and record the cemetery and plot alongside your funeral wishes so family can find it.
• Consider how a plot fits with any prepaid funeral contract. A plot is bought from the cemetery. A prepaid funeral plan is bought from a funeral home and covers different things. See how do you use a prepaid funeral plan after someone dies.
• If you're a veteran, compare a VA national cemetery with a private plot before buying.

Common Mistakes

• Assuming the plot price is the whole burial cost. Opening and closing, a liner or vault, the marker, and setting fees can add a lot, often at the prices in effect years later.
• Assuming the FTC Funeral Rule applies. At a stand-alone cemetery it usually doesn't, so ask for prices in writing.
• Buying a plot as an investment. Resale is often slower and cheaper than expected, and in New York buying a lot to resell it is unlawful.
• Not telling family where the plot is. Without the paperwork, family may buy a second plot at the time of need.
• Assuming one state's rules apply everywhere. Resale conditions, endowment care, and licensing all differ between states.