§ 7-88. Procedure upon death of individual to whom rights and certificate granted or transferred.

(a)

Upon the death of an individual to whom a certificate and burial rights have been issued and granted or upon the death of an individual to whom a certificate and burial rights have been transferred, burial rights in any unused portion of a lot or unused burial space shall pass to:

(1)

The person specifically provided for in the will, if the deceased person dies testate making specific provisions in a will for the passage of such rights;

(2)

The surviving spouse, if any, if the deceased person does not specifically provide in a will for the passage of such rights or dies intestate; or

(3)

Those persons to whom real estate would pass from such deceased person by the laws of descents of the State, if such deceased person dies intestate without a surviving spouse, or dies testate without a surviving spouse and without specifically providing in a will for the passage of such rights.

(b)

When such burial rights are held by more than one individual, they shall hold such rights as tenants in common.

(Code 1993, § 7-60; Code 2004, § 22-115)

(Code 1993, § 7-60; Code 2004, § 22-115)