2023 Ohio Revised Code › Title 5 | Townships › Chapter 517 | Cemeteries › Section 517.24 | Form of Application for Disinterment.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
(A) An application by an applicant for disinterment under section 517.23 of the Revised Code shall be in writing and shall state whether the applicant is the designated representative to whom the decedent has assigned the right of disposition of the decedent's body in a written declaration pursuant to section 2108.70 of the Revised Code and exercised such right at the time of the declarant's death or, if none, the surviving spouse, that the applicant is eighteen years of age or older and of sound mind, the disease of which the decedent died, and the place at which the remains shall be reinterred. If the applicant is the designated representative to whom the decedent has assigned the right of disposition in a written declaration pursuant to section 2108.70 of the Revised Code, a copy of the declaration that appointed the applicant shall be attached to the application. If the applicant is the surviving spouse, the application shall state one of the following:
(1) That to the best of the applicant's knowledge the decedent did not sign a declaration of assignment pursuant to section 2108.72 of the Revised Code or it is not available to the applicant;
(2) That to the best of the applicant's knowledge the assignee pursuant to a declaration of assignment pursuant to section 2108.72 of the Revised Code did not exercise the right of disposition.
(B)(1) A person who is eighteen years of age or older and of sound mind and who is not qualified to file an application to disinter pursuant to division (A)(1) of section 517.23 of the Revised Code may obtain a court order under this division for the disinterment of the remains of the decedent. Any person who is eighteen years of age or older and of sound mind, including, but not limited to, the person who assumed financial responsibility for the funeral and burial expenses of the decedent, and who wishes to obtain a court order for the disinterment of the remains of the decedent may file an application in the probate court of the county in which the decedent is buried requesting the court to issue an order for the disinterment of the remains of the decedent. The application shall be in writing, subscribed and verified by oath, and include all of the following:
(a) If applicable, a statement that the applicant assumed financial responsibility for the funeral and burial expenses of the decedent;
(b) If division (B)(1)(a) of this section is inapplicable relative to the applicant, a statement that the applicant did not assume financial responsibility for the funeral and burial expenses of the decedent;
(c) A statement that the applicant is eighteen years of age or older and of sound mind;
(d) The relationship of the applicant to the decedent;
(e) A statement of the place at which the remains will be reinterred;
(f) The name, the relationship to the decedent, and the address of the decedent's surviving spouse; of the person who has been assigned the rights of disposition for the deceased person under the provisions of sections 2108.70 to 2108.90 of the Revised Code; of all persons who would have been entitled to inherit from the decedent under Chapter 2105. of the Revised Code if the decedent had died intestate; and, if the decedent had a will, of all legatees and devisees named in the decedent's will;
(g) A true and correct copy of the decedent's written declaration of assignment pursuant to section 2108.70 of the Revised Code, if any, or one of the following:
(i) A statement that to the best of the applicant's knowledge the decedent did not sign a written declaration of assignment or it is not available to the applicant;
(ii) A statement that to the best of the applicant's knowledge the assignee pursuant to a declaration of assignment pursuant to section 2108.72 of the Revised Code did not exercise the right of disposition.
(2)(a) Subject to division (B)(2)(b) of this section, upon the filing of an application for an order for disinterment of remains under division (B) of this section, the applicant promptly shall give notice as described in this division by certified mail, return receipt requested, to the decedent's surviving spouse; to the person who has been assigned the rights of disposition for the deceased person under the provisions of sections 2108.70 to 2108.90 of the Revised Code; to all persons who would have been entitled to inherit from the decedent under Chapter 2105. of the Revised Code if the decedent had died intestate; if the decedent had a will, to all legatees and devisees named in the decedent's will; and to the board of township trustees, the trustees or directors of a cemetery association, or the other officers having control and management of the cemetery in which the remains of the decedent are interred or to the officer of a municipal corporation who has control and management of a municipal cemetery in which the remains of the decedent are interred. The notice shall indicate that an application for disinterment of the remains of the decedent has been filed.
(b) A person entitled to be given the notice described in division (B)(2)(a) of this section may waive the right to receive the notice by filing a written waiver of that right in the probate court.
(c) The fact that the notice required by division (B)(2)(a) of this section has been given, subject to division (B)(2)(d) of this section, to all persons described in division (B)(2)(a) of this section who have not waived their right to receive the notice and, if applicable, the fact that certain persons described in that division have waived their right to receive the notice in accordance with division (B)(2)(b) of this section shall be evidenced by an affidavit of the applicant for the order for disinterment, and the applicant shall file the affidavit in the probate court.
(d) An applicant for an order for disinterment is not required to give a notice pursuant to division (B)(2)(a) of this section to persons whose names or places of residence are unknown and cannot with reasonable diligence be ascertained, and the applicant shall file an affidavit in the probate court specifying any persons who were not given notice pursuant to division (B)(2)(a) of this section and the reason for not giving notice to those persons.
(3)(a) Except as otherwise provided in division (B)(3)(b) of this section, upon the filing of an application for disinterment of remains and the giving of the required notice under division (B)(2) of this section, the probate court promptly shall conduct a hearing to determine whether to issue an order for disinterment of the remains of the decedent, taking into account the provisions of section 2108.82 of the Revised Code. If the court issues the requested order for disinterment of the decedent's remains in accordance with division (B)(3) of this section, the court promptly shall deliver the order to the applicant. An order of the court for disinterment of the decedent's remains shall specify that the board of township trustees, the trustees or board of the cemetery association, or other officers having control and management of the cemetery or the officer of a municipal corporation who has control and management of the municipal cemetery shall have a period of at least thirty days from the receipt of the order to perform the ordered disinterment.
(b) The court is not required to conduct a hearing under division (B)(3)(a) of this section if each person entitled to be given the notice described in division (B)(2)(a) of this section has waived that right by filing a written waiver of the right to receive the notice in the probate court.
Last updated March 3, 2023 at 2:08 PM