Transfer of the Exclusive Right of Burial when the Holder is deceased
Exclusive Right of Burial form part of the Estate of the deceased Owner, which can only be Transferred, for the remaining years on the Deed, to the entitled person(s). When the Holder to the Exclusive Right of Burial is deceased, a Transfer of the Right is subsequently required to enable future Burial applications and Memorial headstone installations and amendments.
If the deceased left a valid Will and Estate of sufficient value to require Grant of Probate, Ownership is Transferred to the Executor(s) on production of the original sealed / endorsed Grant of Probate. Applicants will also need to complete a Deed of Assignment to clarify and / or elect the proposed new Holder(s).
If there is no Grant of Probate the Ownership may be Transferred for the remaining years on the Deed to the Executor(s) named in the Will on production of the original sealed / endorsed Will. In this case applicants will also need to provide a completed Statutory Declaration – Will No Probate to claim the Exclusive Right of Burial and complete a Deed of Assignment to clarify and / or elect the proposed new Holder(s).
If there is no Will, or the Will was not valid, but there is an Estate sufficient to require a Grant of Letters of Administration, Ownership can be Transferred for the remaining years on the Deed to the personal representative of the deceased on production of the original sealed / endorsed Grant of Letters of Administration. Applicants will also need to complete a Deed of Assignment to clarify and / or elect the proposed new Holder(s).
When the Transfer of the Exclusive Right of Burial has skipped a generation, and it is unknown whether the deceased Grave Owner left a Will or if Letters of Administration were issued, you can use the Government Find a Will website to answer this question. The person concerned can then purchase a copy to aid the transfer.
Where there are no Executors or Letters of Administration then the rules of Intestacy apply, as stated in the Administration of Estates Act 1925. In this case, applicants must submit a Statutory Declaration – No Will No Probate to claim the Exclusive Right of Burial and complete a Deed of Assignment to clarify and / or elect the proposed new Holder(s) for the remaining years on the Deed. If the lawful next of kin of the deceased Grave Owner need to be clarified or identified, the Government Who Inherits website will help identify those who are entitled and hence enable a lawful transfer.
If claimants do not wish to attain the Exclusive Right, to renounce all Right, an Assent of Executor or Administrator will need to be completed and returned with the Transfer paperwork.
Please consult the flowchart to guide you through the Transfer process:
Transfer process flowchart
Assignment of the Exclusive Right of Burial when the Holder is living
If you do not wish to attain the Exclusive Right, but wish to undertake an in-life Transfer and elect a new Holder(s) for the remaining years on the Deed, you will need to complete a Deed of Assignment to clarify and elect the proposed new Holder(s).
To elect additional Holder(s) to your Burial Plot Ownership for the remaining years on the Deed, you will need to complete a Deed of Assignment to clarify and elect the proposed new additional Holder(s).
Exclusive Right of Burial Transfer and Assignment forms
Forms can also be downloaded from the Forms and Downloads pages.
| Form Title | Form’s Application | Additional Information |
| Statutory Declaration – Possession of Will, not applying for Probate EROB_SD001 | Requesting Transfer of Exclusive Right of Burial when in possession of a Will only | To be accompanied with EROB_Tr003 Deed of Assignment (Executor & Additional) to clarify elected new Holders |
| Possession of Will, not applying for Probate guidance notes EROB_SD001_GN | Guidance notes for applicant | |
| Statutory Declaration – No Will No Probate Intestate EROB_SD002a | Requesting single claim Transfer of Exclusive Right of Burial when neither a Will or Probate exists | To be accompanied with EROB_Tr003 Deed of Assignment (No Executor No Probate) to clarify elected new Holders |
| No Will No Probate Intestate single claim Transfer guidance notes EROB_SD002a_GN | Guidance notes for applicant | |
| Statutory Declaration – No Will No Probate Intestate EROB_SD002b | Requesting joint claim Transfer (two claimants) of Exclusive Right of Burial when neither a Will or Probate exists | To be accompanied with EROB_Tr003 Deed of Assignment (No Executor No Probate) to clarify elected new Holders |
| No Will No Probate Intestate joint claim Transfer guidance notes EROB_SD002b_GN | Guidance notes for applicant | |
| Statutory Declaration – No Will No Probate Intestate EROB_SD002c | Requesting multiple claim Transfer (more than two claimants) of Exclusive Right of Burial when neither a Will or Probate exists | To be accompanied with EROB_Tr003 Deed of Assignment (No Executor No Probate) to clarify elected new Holders |
| No Will No Probate Intestate multiple claim Transfer guidance notes EROB_SD002c_GN | Guidance notes for applicant | |
| Statutory Declaration - Will Probate Pending EROB_SD003 | Requesting Transfer of Exclusive Right of Burial when Probate will be attained and is pending | To be accompanied with EROB_Tr003 Deed of Assignment (Executor & Additional) and / or EROB_Tr004 Assent of Executor (Assent Ownership) to clarify elected new Holders |
| Will Probate Pending guidance notes EROB_SD003_GN | Guidance notes for applicant | |
| Deed of Assignment of Right of Burial EROB_Tr003 | To Transfer, clarify or elect proposed new Holder(s): | To accompany relevant Statutory Declaration if applicable (see below) |
| In life Transfer – to renounce Exclusive Right and elect new Holder(s). Option 1 | |
| Joint Ownership – to elect additional Holder(s) to existing Ownership. Option 2 | |
| No Executor, No Probate – to clarify and / or elect additional Holder(s). Option 3 | To accompany Statutory Declaration EROB_SD001(No Will No Probate) |
| Executor Transfer – to clarify and / or elect additional Holder(s). Option 4 | To accompany Statutory Declaration EROB_SD001 (Will No Probate) or Statutory Declaration EROB_SD003 (Will, Probate Pending) or with Probate or Letters of Administration |
| In Life Transfer guidance notes. Option 1 EROB_Tr003_GN1 | Guidance notes for applicant | |
| Joint Ownership guidance notes. Option 2 EROB_Tr003_GN2 | Guidance notes for applicant | |
| No Executor No Probate guidance notes. Option 3 EROB_Tr003_GN3 | Guidance notes for applicant | |
| Transfer Executor guidance notes. Option 4 EROB_Tr003_GN4 | Guidance notes for applicant | |
| Assent of Executor or Administrator with Probate EROB_Tr004 | To assent and clarify proposed new Holder(s) when Probate or the Letters of Administration have been attained and when Probate will be applied for | To accompany Statutory Declaration EROB_SD003 (Will Probate Pending) or with Probate or Letters of Administration |
| Assent of Executor or Administrator with Probate guidance notes EROB_Tr004_GN | Guidance notes for applicant | |
Exclusive Right of Burial Transfer request process
When you are ready to proceed with your Transfer / Assignment request would you please contact the Cemeteries Office to ensure you have the correct paperwork in place for your Exclusive Right of Burial Transfer request.
Transfer and Assignment paperwork checklist:
Paperwork to claim Exclusive Right of Burial (if the Holder is deceased) – Probate, Letters of Administration or a Statutory Declaration;
Paperwork to clarify proposed new / additional Holder(s) – Deed of Assignment or Assent of Executor:
The original Deed of Grant for each Burial Plot requiring Transfer / Assignment – if the Deed of Grant has been mislaid or lost, you will need to complete a Statutory Declaration for a Lost Deed of Exclusive Right of Burial (EROB_SD005) and accompanying Indemnity Agreement Following Loss of Grant of Exclusive Right of Burial (EROB_Tr001) to claim the Lost Deed Re-issuing the Exclusive Right of Burial Deed of Grant through loss or misplacement will incur a reissue administration fee;
A short letter outlining your Transfer instruction; and
The Transfer / Assignment fee.
Please forward the Transfer paperwork to the Cemeteries Office at:
Rutland County Council, Catmose, Oakham, Rutland, LE15 6HP
