Title 35, Title 35

(1) The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent, is as provided in 37-19-904. (2) The liability for the reasonable cost of interment devolves jointly and severally upon all kin of the decedent l…

An action may not lie against any mausoleum-columbarium authority relating to the remains of a person that have been left in its possession for a period of 2 years unless a written contract has been entered into with the mausoleum-columbarium authority for care of the remains or …

(1) The remains of a deceased person may be removed from a plot in a mausoleum or columbarium with the consent of the mausoleum-columbarium authority and the written consent of one of the following in the order named: (a) a spouse; (b) a majority of adult children; (c) a parent; …

(1) Each mausoleum-columbarium authority, from time to time as its property may be required for interment purposes, shall prepare a map or plat that delineates the sections, halls, rooms, corridors, elevations, outdoor mausoleums, urn gardens, and other divisions with descriptive…

(1) The filed map or plat and the recorded declaration are constructive notice to all persons of the dedication of the property to interment purposes. (2) After property is dedicated to interment purposes, neither the dedication nor the title of a plot owner may be affected by th…

(1) Property dedicated to interment purposes must be held and used exclusively for interment purposes, unless and until the dedication is removed from all or any part of the property by an order and decree of the district court in the county in which the property is situated in a…

(1) After filing the map or plat and recording the declaration of dedication, a mausoleum-columbarium authority may sell and convey interment plots, subject to the rules then in effect or adopted by the mausoleum-columbarium authority and subject to other limitations, conditions,…

(1) It is unlawful for any person, firm, or corporation to sell or offer to sell a mausoleum-columbarium plot upon the promise, representation, or inducement of resale at a financial profit. (2) It is unlawful for a mausoleum-columbarium authority to pay or offer to pay to any pe…

(1) All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance. (2) The spouse of an owner of a plot containing more than one interment space has a vested right to be interred in the plot, and a person be…

(1) Whenever the remains of the record owner or of a member of the owner's family or of a relative of a member of the owner's family have been interred in a plot transferred by deed or certificate of ownership to an individual owner and the owner has died without making dispositi…

(1) A vested right of interment is terminated upon interment elsewhere of the person with the vested right. (2) A vested right of interment does not give to any person the right to have the person's remains interred in any interment space in which the remains of any deceased pers…

A mausoleum-columbarium authority may take and hold any plot conveyed or devised to it by the plot owner so that it will be inalienable, and interments must be restricted to the persons designated in the conveyance or devise.

(1) In a conveyance to two or more persons as joint tenants, each joint tenant has a vested right of interment in the plot conveyed. (2) Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested right o…

(1) When there are several owners of a plot or of rights of interment in the plot, the owners may designate one or more persons to represent the plot and file written notice of the designation with the mausoleum-columbarium authority. (2) In the absence of a notice provided for i…

(1) A record must be kept of the ownership of all plots in the mausoleum and columbarium that have been conveyed by the mausoleum-columbarium authority and of all transfers of plots. The transfer of any plot or any right of interment is not complete or effective until recorded on…

(1) A mausoleum-columbarium authority may place its mausoleum or columbarium under endowment care and establish, maintain, and operate an irreducible endowment care fund. (2) Endowment care and special care funds may be commingled for investment, and the income from the funds mus…

(1) The mausoleum-columbarium authority may from time to time adopt plans for the general care, maintenance, and embellishment of its mausoleum-columbarium and charge and collect from all subsequent purchasers of plots reasonable sums as, in the judgment of the mausoleum-columbar…

(1) The mausoleum-columbarium authority may appoint a board of trustees, of not less than five members, for its endowment care fund. The members of the board of trustees shall hold office subject to the discretion of the mausoleum-columbarium authority. (2) The directors of a mau…

(1) (a) A mausoleum-columbarium authority that has established an endowment care fund may take, receive, and hold as a part of or incident to the fund any property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to it for its endowment car…

(1) A nonendowment care mausoleum-columbarium is one that does not deposit in an endowment care fund. (2) Each mausoleum-columbarium authority operating an endowment care mausoleum or columbarium shall post in a conspicuous place in its office or offices where sales are conducted…

(1) Each mausoleum-columbarium authority operating an endowment care mausoleum or columbarium shall file in its principal office a written report that must be available to any plot owner and that must contain, as of the close of its last fiscal year: (a) the amount of principal o…

(1) A director or officer of the mausoleum-columbarium authority or trustee of the endowment care or special care fund may not borrow any endowment care or special care funds of the corporation, directly or indirectly. (2) A director, officer, or trustee authorizing or consenting…