Illinois General Assembly - Illinois Compiled Statutes

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765 ILCS 835/16

(765 ILCS 835/16)

Sec. 16.

When a multiple interment right owner becomes deceased, the
ownership of any
unused rights of interment shall pass in accordance with the specific bequest
in the decedent's will.   If there is no will or specific bequest then the ownership and use
of the unused rights of interment shall be determined by a cemetery authority
in
accordance with the information set out on a standard affidavit for cemetery
interment rights use form if such a form has been prepared.  The unused right
of interment shall be
used for the interment of the first
deceased heir listed on the standard affidavit and continue in sequence until
all listed heirs are deceased.  In the event that an interment right is not
used,
the interment right shall pass to the heirs of the heirs of the deceased
interment right owner in perpetuity.  Except as otherwise provided in this Section, this shall not preclude the ability of
the heirs to sell said interment rights, in the event that all listed living
heirs are in agreement, and it shall not preclude the ability of a 2/3 majority of the living heirs to sell a specific interment right to the spouse of  a living or deceased heir.  If the standard affidavit for cemetery interment
rights use, showing heirship of decedent
interment right owner's living heirs is provided to and followed by a cemetery
authority, the
cemetery authority shall be released of any liability in relying on that
affidavit.

The following is the form of the standard affidavit:

STATE OF ILLINOIS )
) SS
COUNTY OF ....................)

AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE

I, .............., being first duly sworn on oath depose and say that:

1. A. My place of residence is ........................

B. My post office address is .......................

C. I understand that I am providing the information

contained in this affidavit to the ............ ("Cemetery") and the Cemetery shall, in the absence of directions to the contrary in my will, rely on this information to allow the listed individuals to be interred in any unused interment rights in the order of their death.

D. I understand that, if I am an out-of-state

resident, I submit myself to the jurisdiction of Illinois courts for all matters related to the preparation and use of this affidavit.  My agent for service of process in Illinois is:

Name ................. Address .....................

City ................. Telephone ...................

Items 2 through 6 must be completed by the executor of the decedent's
estate, a personal representative, owner's surviving spouse, or surviving
heir.

2. The decedent's name is ..............................

3. The date of decedent's death was ....................

4. The decedent's place of residence immediately before
his or her death was ........................................

5. My relationship to the decedent is .................. and I am authorized to sign and file this affidavit.

6. At the time of death, the decedent (had no) (had a) surviving spouse.
The name of the surviving spouse, if any, is ....................., and
he or she (has) (has not) remarried.

7. The following is a list of the cemetery interment rights
that may be used by the heirs if the owner is deceased:

.............................................................

8. The following persons have an ownership interest in and the right to use the cemetery interment rights
in the order of their death:

.......................... Address ..........................

9. This affidavit is made for the purpose of obtaining the consent of the
undersigned to transfer the right of interment at the above mentioned cemetery
property to the listed heirs.  Affiants agree that they will save, hold
harmless, and indemnify Cemetery, its heirs, successors, employees, and
assigns, from all claims, loss, or damage whatsoever that may result from
relying on this affidavit to record said transfer in its records and allow
interments on the basis of the information contained in this affidavit.

WHEREFORE affiant requests Cemetery to recognize the above named
heirs-at-law as those rightfully entitled to the ownership of and use of said interment
(spaces) (space).


THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
(A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 2012.)

Dated this ........ day of .............., .....

................... (Seal) (To be signed by the owner or

the individual who completes items 2 through 6 above.)

Subscribed and sworn to before me, a Notary Public in and for the County and
State of

.............. aforesaid
this ........ day of ..............., .....


............................ Notary Public.

(Source: P.A. 97-1150, eff. 1-25-13.)