Clear Passage Memorial Guide
Memorial Planning

How to Choose a Cemetery: Plot, Niche or Scattering Garden

How to Choose a Cemetery: Plot, Niche or Scattering Garden
In shortChoose a cemetery by settling four things in order: the form of placement (casket grave, urn plot, columbarium niche or scattering garden), your family's religious requirements, what perpetual care actually covers, and what the contract transfers. Then compare total cost, not the plot price: opening and closing, liners, markers and transfer fees are often extra. Rules vary by state and cemetery, so get every term in writing and take contract disputes to a licensed attorney.

How do you choose a cemetery?

To choose a cemetery, decide four things in this order: the form of placement (a casket grave, an in-ground plot for an urn, a columbarium niche or a scattering garden), any religious requirements, what the cemetery will maintain and for how long, and what the written contract actually gives you. Price comes last, because the plot price is rarely the whole bill. Cemetery rules are set by each state and by each cemetery, so confirm the local rule before acting on any of the following.

What is the difference between a plot, a niche and a scattering garden?

The trade-off is permanence against flexibility. A plot or niche gives a fixed, marked place. A scattering garden leaves no individual spot to return to unless the cemetery offers a shared memorial wall, so ask what name recognition comes with it.

Does the cemetery meet your family's religious requirements?

Settle this before comparing prices. The FTC notes that cost is not the only consideration, and that the location and whether the cemetery meets "the requirements of your family's religion are important" as well.

Religious requirements can rule options in or out entirely. For Catholic families, the Vatican's 2016 instruction Ad resurgendum cum Christo states that "the ashes of the faithful must be laid to rest in a sacred place, that is, in a cemetery," and that "it is not permitted to scatter the ashes of the faithful departed in the air, on land, at sea or in some other way." A scattering garden would not meet that instruction; a niche or an in-ground cremation plot can.

Other traditions carry their own requirements about timing, sections and markers, and some cemeteries reserve sections for a particular faith. Ask your own clergy what is required, then ask the cemetery to confirm in writing that the specific space sits within that section.

What does perpetual care actually cover?

Perpetual care, also called endowment care, is money set aside to maintain the cemetery grounds over time. The FTC states that "Perpetual care on a cemetery plot sometimes is included in the purchase price," and advises that if it is not, you should look for "a separate endowment care fee for maintenance and groundskeeping."

Two figures matter here, and the second one is the one people skip. The first is the fee itself. The second is what the fund promises to do. In Florida, a licensed cemetery company must deposit into its care and maintenance trust fund, "for burial rights, 10 percent of all payments received," and for sales made after September 30, 1993, "no deposit shall be less than $25 per burial right" (s. 497.268). A separate section requires licensed cemeteries to keep grounds and structures in good condition, while allowing different care standards for different classes of cemetery (s. 497.262).

Grounds upkeep is not the same as care of a particular grave. Ask whether it covers resetting a sunken marker or levelling settled ground, or only the general grounds.

Are you buying land, or a right to use it?

In most cases a cemetery purchase transfers a right of interment, not ownership of the land in the ordinary sense. Florida's cemetery statutes describe these sales as sales of "burial rights" (s. 497.268).

That distinction affects what you can do later. Florida allows a cemetery company to charge, beyond the sale price, "Charges paid for transferring burial rights from one purchaser to another" (s. 497.277), so a transfer is possible but may carry a fee. Ask, in writing, whether you may transfer an unused space, whether the cemetery will buy it back, and how many interments the space allows. Transfer rules vary by state and by cemetery.

Which costs sit outside the plot or niche price?

The space is one line on a longer bill. The FTC lists charges "usually hundreds of dollars" to open a grave for interment, plus further charges to fill it in. For placement in a mausoleum or columbarium, it says "you can expect to purchase a crypt and pay opening and closing fees, as well as charges for endowment care." Markers and memorials add their own cost, and a cemetery may restrict "the type of monuments or memorials it allows."

Florida's statute on other charges permits, beyond the sale price, charges for opening and closing a grave and for vault installation, among others (s. 497.277). The FTC also notes that "Cemetery plots can be expensive, especially in metropolitan areas." Ask each cemetery for a written estimate of every fee, then compare totals, not headline prices.

One protection families often assume does not apply here. The FTC states that "The FTC's Funeral Rule does not cover cemeteries and mausoleums unless they sell both funeral goods and funeral services."

What if the person served in the military?

Check veterans' eligibility before buying a commercial plot. The FTC states that all veterans are entitled to a free burial in a national cemetery and a grave marker, and that national cemeteries do not charge for opening or closing the grave, for a vault or liner, or for setting the marker; families generally pay other costs, such as transportation. It also cautions that commercial "veterans' specials" can carry "exorbitant rates for an adjoining plot for the spouse," so compare the total cost.

For families in the Boca Raton area, South Florida National Cemetery, a VA national cemetery at 6501 S State Road 7, Lake Worth, lists space for casketed and cremated remains, a Columbarium Complex and a Memorial Wall.

What should you confirm in writing before you pay?

In Florida, a licensee selling burial rights must, among other duties, fully disclose its regularly offered services and merchandise before you select any, give a good-faith estimate of all fees, itemize the written contract, provide its cancellation and refund policy, and hand over a consumer brochure at the time of sale (s. 497.282). Use those documents to confirm:

  1. The exact location of the space and the section it sits in, including any religious designation.
  2. What is being sold: the burial right, and how many interments it allows.
  3. Whether perpetual care is included, and what it covers.
  4. Every additional fee: opening and closing, liner or vault, marker setting, administration and transfer.
  5. Rules on markers, decorations and outer containers.
  6. The cancellation and refund policy.
  7. The seller's licence status.

Not every cemetery is licensed by the state. Florida exempts, among others, county and municipal cemeteries and religious institution cemeteries "of less than 5 acres which provide only single-level ground burial" (s. 497.260). Licensed cemeteries are overseen by the Division of Funeral, Cemetery, and Consumer Services, which offers a licensee search. Outside Florida, check your own state's regulator; for a contract dispute, speak to a licensed attorney. Wider arrangements are covered under funeral decisions.

Sources

FAQ

What is the difference between a cemetery plot and a columbarium niche?

A plot is ground set aside for a casket or, in a smaller cremation plot, an urn, and it usually requires opening and closing and often a grave liner. A columbarium niche is a recess in a wall or structure that holds one or more urns above ground. Niches have fixed interior dimensions, so check the urn fits before buying. Both give a fixed, marked place to visit, but fees and rules differ by cemetery.

Do you own the land when you buy a cemetery plot?

Usually not in the ordinary sense. Most cemetery purchases transfer a right of interment, and Florida's statutes describe these sales as sales of burial rights. That affects what you can do later: a transfer to another person may be possible but can carry a fee. Ask in writing whether you may transfer an unused space, whether the cemetery will buy it back, and how many interments the space allows.

Is perpetual care included in the price of a plot?

Sometimes. The Federal Trade Commission says perpetual care is sometimes included in the purchase price, and if it is not, to look for a separate endowment care fee for maintenance and groundskeeping. Ask what the care covers: general grounds upkeep is not the same as resetting a sunken marker or levelling settled ground on an individual grave. Get the answer in writing before you pay.

Can a veteran be buried in a national cemetery for free?

The Federal Trade Commission states that all veterans are entitled to a free burial in a national cemetery and a grave marker, with no charge for opening or closing the grave, a vault or liner, or setting the marker. Families generally pay other costs, such as transportation. Near Boca Raton, South Florida National Cemetery in Lake Worth accommodates casketed and cremated remains. Confirm eligibility with the Department of Veterans Affairs.