Transfer or Assignment of Exclusive Right of Burial

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

Transfer and Assignment forms table

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

Was this information helpful?
Was this information helpful?