A cemetery plot is one of the largest purchases you'll ever make—often $1,000 to $15,000 per grave—yet few people know how to verify that the cemetery is legitimate and properly regulated. Buying from an unlicensed or poorly managed cemetery can leave your family without legal burial rights, unpaid perpetual care, or worse, exhumed remains. Here's how to check cemetery credentials and protect your investment.
State Licensing and Registration
Every legitimate cemetery operates under state regulations, though rules vary significantly by location. Start by contacting your state's Department of Consumer Affairs or the regulatory body that oversees funeral services and cemeteries in your state—this might be a health department, cemetery board, or funeral regulatory commission.
Ask for proof that the cemetery is currently licensed and in good standing. Request their license number and verification date. Many states require cemeteries to renew licenses every 1–3 years, so check that it hasn't expired. If a cemetery can't provide this documentation within 24 hours, that's a red flag.
Perpetual Care Funds and Financial Stability
One of the biggest protections for cemetery plot owners is the perpetual care fund—money legally set aside to maintain the grounds forever, even if the cemetery changes ownership or faces financial difficulty.
Verify that the cemetery has established this fund and ask for:
- The fund balance. A healthy perpetual care fund should have at least 10–15% of the cemetery's total property value set aside.
- Recent audit reports. Most states require annual audits; request the last 2–3 years.
- Documentation of fund management. Who manages the money? Is it held by an independent trustee or the cemetery itself? Independent trustees offer stronger protection.
- Proof of contributions. Confirm that a portion of every plot sale goes into the perpetual care fund, as legally required.
If perpetual care funds are inadequate or mismanaged, your family could be stuck paying for maintenance later—defeating the purpose of prepaying for a plot.
Check for Complaints and Legal History
Search your state's cemetery regulatory board website for complaints filed against the cemetery. Many states post complaint logs publicly. Look for patterns: repeated failures to maintain grounds, refusal to honor burial rights, or disputes over plot ownership.
You can also search your county's court records online (most offer free access) for lawsuits involving the cemetery. A single lawsuit isn't necessarily disqualifying, but multiple cases suggest systemic problems.
Contact the Better Business Bureau (BBB) for complaint history and ratings. While the BBB isn't official regulation, it often captures issues that regulatory bodies may not yet have documented.
Verify Ownership and Management
Ask the cemetery for proof of current ownership and the names of the board members or management team. A legitimate cemetery should have transparent organizational structure.
If it's a privately owned cemetery, request financial statements showing the company isn't in bankruptcy. If it's a nonprofit or municipally owned cemetery, ask for recent board meeting minutes that discuss operations and maintenance budgets.
Red flags include frequent changes in management, absentee ownership, or refusal to name responsible parties.
Review the Burial Agreement in Detail
Before signing, read the cemetery's deed, plot agreement, and rules thoroughly—not just skim the first page. These documents should clearly state:
- Your exact rights (burial, family use, transfer, etc.)
- What happens if you want to sell or relocate remains
- Maintenance fees or assessment caps
- Dispute resolution procedures
- The cemetery's closure or sale contingency plan
If terms are vague or the cemetery rushes you, walk away. Legitimate cemeteries encourage careful review.
Visit and Assess Physical Conditions
Spend time at the cemetery. Well-maintained grounds with mowed grass, clean headstones, and functional infrastructure suggest responsible management. Ask where your plot will be located and whether the area looks cared for.
Talk to families already buried there. Ask how responsive the cemetery has been to their concerns and whether they'd recommend it.
Use Trusted Resources
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Frequently Asked Questions
Q: What should I do if a cemetery can't provide proof of its perpetual care fund? Don't purchase a plot there—this is a legal requirement in most states and protects your investment. A legitimate cemetery will have documentation readily available.
Q: Can I transfer my burial rights if I move or change my mind? Some cemeteries allow transfers; others forbid them or charge steep fees. This must be spelled out in your burial agreement before you buy, so always ask upfront and get it in writing.
Q: How much does a cemetery plot typically cost? Prices range from $1,000 to $15,000+ depending on location, cemetery type, and ground conditions. Urban cemeteries and those with high maintenance standards cost significantly more.
Compare verified cemetery providers today to ensure your family's final resting place is protected.