Lost Cemetery Deed? How to Prove Plot Ownership and Rights

Cemetery deeds — also called certificates of interment rights — often get lost in a drawer or with a parent's papers. The good news is that the cemetery's own records usually matter more than the paper itself. Here's how to sort it out.

What a deed actually is

When you buy a plot you usually don't own the land. You buy the right of interment — the right to bury in that space and to place a memorial, under the cemetery's rules. The deed or certificate is proof of that right, and the cemetery keeps a matching record.

Step 1: contact the cemetery

Call or email the office with the name of the original purchaser, the names of anyone buried in the plot and the approximate year of purchase. Most cemeteries can find the plot from their books and tell you who the registered owner is. See how to find a grave location.

Step 2: prove who you are

If you're the owner, photo ID is usually enough. If the owner has died, the cemetery will normally ask for:

A death certificate for the owner.
The will or probate documents, or
A statutory declaration or affidavit of heirship if there was no will.

Rules differ between provinces, states and cemeteries, so ask what they need.

Step 3: replacement or transfer

Many cemeteries will issue a replacement certificate for a small fee. If rights should pass to a new person, they can complete a transfer at the same time. See how to transfer cemetery plot ownership.

Do it before you need it

Sorting out rights during a funeral adds stress and can delay a burial or headstone permit. If you think your family has unused graves, confirm the records now — and keep a copy of the certificate with your will. See headstone permit and cemetery approval.