How to Sell an Unused Grave Plot: Rules and Steps

You can often sell an unused grave plot, but not always, and rarely for what you paid. Cemeteries sell the right to be buried in a space, and each one (and many states) sets its own rules on buybacks and resales. Start by calling the cemetery. It holds the records, controls any transfer and may be the only buyer allowed.

What do you actually own?

A cemetery plot isn't real estate. New York's Department of State explains that when a cemetery sells a final resting place, it is selling the right of interment and the right to have a memorial. That right is usually recorded on a deed or certificate of interment, and the cemetery's rules govern what can be done with it.

That matters when you sell, because the cemetery's rules can decide whether you may sell at all, who can buy and who can be buried there. Some religious cemeteries, for example, limit burial to members of their faith. Our guide to religious cemetery requirements explains these limits.

Step 1: Call the cemetery

Before you list anything, ask the cemetery office:

• Do you buy plots back, and at what price?
• Are resales to a third party allowed, and is there a first-refusal right or other conditions?
• What is the transfer fee, and who pays it? AARP gives one example of a cemetery charging $225 per transaction.
• What documents do you need, and can I get a copy of my certificate if I can't find it?
• What is the current price for a comparable plot in my section?

Ask for the answers in writing. If you can't find your deed, the cemetery's own records should show who holds the right.

What do state rules say?

State laws vary a lot, so check the rules where the cemetery is. Two examples show how different they can be.

New York. A lot owner may be allowed to sell only if no burials have occurred (or all remains have been lawfully removed). The owner must first offer the plot back to the cemetery in writing by registered or certified mail. If the cemetery agrees to buy it and offers at least the price paid plus 4% simple annual interest, the owner can't sell to anyone else, but can decide not to sell at all. If the cemetery doesn't offer at least that amount, the owner has one year to sell to someone else at any agreed price. New York's Department of State says you may not sell through a broker or to a funeral director, and that a cemetery does not have to buy graves back.

Louisiana. State law says it is against public policy to speculate in interment spaces. Anyone other than a licensed cemetery authority commits an offense by selling or buying a space in order to resell it at a profit, with fines of up to $500 and up to six months in jail for each space. The law is aimed at speculation, but check with the cemetery before you list.

Most states have their own approach, and many leave resale mainly to cemetery rules. The cemetery or your state's cemetery regulator can tell you what applies.

Who can sell the plot?

Only the person who holds the interment right. If you inherited the plot, the right has to pass to you first. In New York, for example, it goes to the person named in the owner's will, then the owner's descendants, then a surviving spouse if there are no descendants. If several people share ownership, the cemetery will usually want everyone to sign. Vermont is one state where a spouse has a right of interment in a lot the other spouse owned, unless spouses living apart filed a written objection in advance, so don't assume a plot in one name is yours alone to sell.

For inherited plots, start with cemetery deed transfers, which explains how the cemetery records a change of owner. If the ownership is unclear or contested, a probate or estate lawyer can advise.

How should you price an unused plot?

Plots rarely resell at what the cemetery charges new buyers, because the cemetery is a competitor with its own inventory. AARP advises pricing at least 20% below the cemetery's current rate, and in its example crypts the cemetery valued at $21,000 were listed between $12,500 and $17,000 on secondary markets. Treat that as a guide to how discounts work rather than a price list.

If you sell for more than you paid, ask a tax professional how it is treated. Also decide who pays the cemetery's transfer fee, and put it in the sale agreement.

See cemetery plot costs to check what a new plot costs near you, since that is your price ceiling.

Where can you sell it?

• Back to the cemetery. It is the simplest route where it is offered, and sometimes the only one. AARP says cemeteries are often reluctant to buy back, and have little incentive when your price is close to their own current rate.
• A private buyer or a broker. AARP says brokers and online listing sites exist, and the brokers charge fees and commissions. Whether you can use them depends on your state and cemetery, as New York's ban on selling through a broker shows.
• A relative or friend. A transfer to family is often easier, though New York lets the cemetery ask whether a gift is really a disguised sale.

Sales can take a long time, so be patient.

How do you avoid scams?

Plot sales attract fraud. Be careful with these:

• A buyer who sends a check for more than the price and asks you to send back the difference. The FTC says never to accept a check for more than the selling price, because the check can be fake and the bank may take weeks to find out.
• Unsolicited buyers calling from far away about a local plot. AARP says legitimate inquiries typically come from local area codes, so be suspicious of out-of-area contacts, and never share bank or financial details with a stranger.
• Any buyer who wants to skip the cemetery. The transfer isn't final until the cemetery records the new owner, so finish the paperwork there before you hand over a deed.

What if it won't sell?

You still have choices:

• Ask whether the cemetery will take the plot back at any price, even a low one.
• Offer it to relatives. A family member may want a space, or a second space in a shared grave. See two people in one grave.
• Donate it. AARP says religious organizations, veterans groups or homeless-services charities may take a plot, and claiming a tax deduction would need an appraisal, so ask a tax professional first.
• Keep it for ashes. Many cemeteries allow cremated remains in an existing plot, and our cremation plot vs burial plot guide explains the options.

If the person you planned for is a veteran, a VA national cemetery provides a gravesite at no cost. Check national cemetery eligibility before you sell, so you don't pay for a private plot you don't need.