A. The laws of the state govern the descent of title to cemetery lots, as well as other matters relating to their ownership. It is important that, upon the death of an owner of a burial right, the heirs or devisees of such person file proof of ownership, or affidavit of heirship, together with the power of one heir to represent all heirs with the town clerk, for the purpose of correcting the record. Transfer to title of burial rights by the town shall hereafter be by certificate of burial rights, and shall comply with Utah Code Annotated section 8-3-2, as amended.
B. If the deceased burial right owner died intestate, the laws of the state concerning descent and distribution shall be followed, unless satisfactory proof of heirship can be shown.
C. All burial rights in cemetery lots purchased from the town occupy the same position as real property at the death of the owner. Only persons whose names appear on the cemetery records of the town will be recognized as owners or part owners of burial rights. Transfers of burial rights from one person to another will not be honored without approval from and through the town clerk and signed on the appropriate form. The town clerk shall notify the sexton of any changes in lot certificate recording (see appendix D attached to the ordinance codified herein).
D. When a previously issued deed or certificate of burial rights is purchased by, or transferred to a third party, the original certificate shall be presented to the town clerk, and before a new certificate of burial rights is issued covering said burial properties, the original deed or certificate shall be canceled, and the records so changed to reflect the transfer. Transfer from a grantor on a certificate of burial rights shall be recognized only upon presentation and authentication by the town clerk of said certificate.
E. If a certificate cannot be located by an individual or a family for presentation to the town clerk, the town clerk may make such arrangements, by the advice and consent of the governing body, for transfer and/or burial as are equitable and appropriate considering all the evidence and circumstances provided as per subsection 7-2-5J of this chapter.
F. Burial rights may only be transferred to those persons originally eligible to be purchasers of burial rights within the cemetery, and may be effected only by endorsement of an assignment of such certificate of burial rights upon the original certificate issued by the town clerk, approved by the town clerk, and entered upon the official records of the town. Upon such assignment, approval and record, the town clerk shall issue a new right of burial certificate to the assignee and shall cancel and terminate upon such records, the original certificate thus assigned. A copy of the canceled certificate shall be kept in the official cemetery records.
G. Spouses or no more than two (2) unrelated persons may be joint owners with rights of survivorship to any burial space. Burial rights may be transferred to those persons defined as an heir, or an eligible qualifying resident upon payment to the town of a transfer fee set forth by resolution as provided. Notarized documents verifying relationship and certified copies of wills or trusts are normally sufficient. If no such documentation can be produced, the governing body may act in its own best judgment in determining heirship or successorship. In addition, if the original owner has been deceased for a considerable length of time and the potential for living heirs is numerous, the person requesting the use of said lot/plot may be asked to provide the governing body with a genealogical record identifying potential heirs that may make a claim to said lot/plot. The governing body may then require the person requesting the use of said lot/plot to obtain written signatures or permission from as many of those potential heirs as possible. The person seeking to use the lot/plot will then be asked to sign an indemnification agreement stating that the family will hold the town harmless from any claims if another heir attempts to claim an interest in the lot/plot being used. See appendix E attached to the ordinance codified herein.
H. Transfers from residents to nonresidents will require an additional payment of a fee, which will reflect the difference between the fees for resident and nonresident lots/plots.
I. Heirs and successors to burial rights are entitled to the same use of burial lots as the original owner and are bound by current rules and regulations.
J. Burial rights may not be transferred between private individuals or for speculative purposes. (Ord. 2010-1, 6-15-2010)