Grave site; application for a right of use

When granting a grave site in a municipal cemetery, the municipality grants the citizen a temporary right of use subject to a fee.

Description

Prior to burial, an application must be made to the municipality for the right to use the grave. The details of this usage relationship depend on the provisions of the cemetery statutes of the respective municipality. This applies in particular to the maintenance, extension and transfer of the right of use.

In the allocation of grave sites, a distinction is usually made between row and elective graves.

The row grave is a single grave site, which is provided for the burial of a deceased person for the duration of the resting period. These graves are allocated in order according to the municipality's occupancy plan and cannot be allocated during a person's lifetime. With the expiration of the period of rest, the right of use also expires.

Elective graves are graves for which a special right of use is granted, usually for the burial of several deceased persons. Taking into account the occupancy plan, the applicant can usually choose the grave site himself. If the municipal regulations permit, the right of use to a grave may also be granted before the occurrence of a death. However, there is no legal claim to the allocation of a specific grave.
The special right of use is granted for a limited period of time; the period of use is usually longer than the minimum period of rest for the deceased. Please contact the cemetery administration to find out whether and how often the right of use can be extended.

The statutes may also state how the right of use can be transferred upon the death of the holder. The municipality can leave this decision to the right of use holder, who can then regulate the transfer under inheritance law. However, the municipality itself can also determine in the statutes to whom the right is transferred. The consent of the future owner of the right to use the grave to the transfer is required, since the obligation to maintain the grave and to care for the grave is also associated with the transfer.

As a rule, the right to use a grave ends when the period of use expires.

Prerequisites

Rights of use to grave spaces are not regulated by law. Rather, they are determined by the cemetery statutes of the municipality, in which the municipality sets the conditions for the preservation or possible extension at its own discretion and taking into account the burial rights of the residents of the municipality.

Deadlines

The right to use a gravesite must be applied for at the latest before the burial. If the municipal regulations permit, it can also be granted before the occurrence of a death.

Required documents

  • Documents are governed by municipal regulations

Fees

  • The fees due for a grave use right are based on the municipal fee statutes.

Remedy

Administrative court proceedings; information

administrative claim

Status: 10.08.2022

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Wappen der kreisfreien Stadt München

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Landeshauptstadt München

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Marienplatz 8
80331 München

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80313 München

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+49 (0)89 233-26458

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