In a season of loss—or even in the quieter weeks of funeral planning—a cemetery contract can feel like a different language. The phrases look familiar (plot, deed, perpetual care), but the meaning is often more specific than families expect. And when you’re tired, grieving, or trying to make decisions quickly, it’s easy to sign something that makes sense in the moment… and becomes confusing years later.
This guide is here to slow everything down. It walks through a cemetery contract explained in plain terms: what you’re actually buying, what you’re responsible for, why certain fees appear (sometimes long after the plot is purchased), and how “long-term care” usually works in practice. You’ll also see how modern choices—especially cremation—fit into cemetery agreements, since more families now combine a permanent place with flexible memorial options.
According to the National Funeral Directors Association (NFDA), cremation continues to rise in the U.S., with the 2025 cremation rate projected at 63.4% (and projected to reach 82.3% by 2045).
The first surprise: you’re usually buying “rights,” not land
Many people assume a cemetery plot works like real estate: you pay, you own the land. But in most cemetery purchases, you’re buying a right of use—often called interment rights definition (or burial rights, inurnment rights for urns, or entombment rights for mausoleums).
Consumer guidance from the Federal Trade Commission frames this clearly: you may face separate charges for opening and closing a grave, and you should clarify whether perpetual care is included or listed separately. In other words, even when you’ve paid for the space, there may be additional required services tied to using it.
So what does “interment rights” typically include? Generally, it’s the exclusive right to have remains placed in a specific space (a grave, a niche, or a crypt), plus the right to authorize who can be interred there, subject to cemetery rules. What it usually does not include is ownership the way you own a home lot—meaning you can’t use the land for other purposes, change the landscape freely, or ignore cemetery regulations.
This is why cemetery contracts often come with a second document—sometimes called rules and regulations—that can be just as important as the purchase agreement itself.
Reading the fine print: what your plot “rights” can include—and limit
Many cemetery contracts spell out what you can do, what you must do, and what you cannot do. Families often skim this section because it feels theoretical, but it’s where future misunderstandings happen.
A few clauses that tend to matter later include who controls decisions (and what happens if that person dies), how the cemetery handles memorialization rules (marker sizes, materials, engraving, flowers, decorations), whether a vault or liner is required, and the practical limits around time and access (visiting hours, installation windows, and who’s allowed to set a marker).
If you want help thinking through decorations in a way that respects both grief and rules, Funeral.com’s guide to gravesite decoration ideas and cemetery rules can help you anticipate what’s typical.
The fees families don’t expect until they’re already committed
Cemetery pricing is often presented in pieces: property cost, then service fees, then care fees, then installation fees. It can feel like “add-ons,” but many are standard across the industry.
The FTC cautions consumers that there are typically charges to open a grave for interment and additional charges to fill it in, and that perpetual care may or may not be included in the initial price. That’s why the contract should be read as a whole cost story, not just a plot price.
Opening and closing fees
Opening and closing fees (sometimes called interment fees) cover the labor and logistics of the burial itself: digging, setup, coordination, and restoring the ground afterward. A public cemetery FAQ like the Davis Cemetery District describes interment fees as including administration, record-keeping, opening/closing, and related work that happens around the burial.
A key point: even if a family already owns the plot, opening and closing is often charged when the space is used. Some states require cemetery contracts to disclose whether opening and closing is included or not. For example, Iowa law requires preneed contracts for burial rights/services to disclose whether opening and closing is included.
Foundation and installation charges
Families also get surprised by headstone foundation charges, marker setting fees, or installation requirements (like using the cemetery’s approved installer). Even if you purchase a headstone elsewhere, the cemetery may still charge for setting it—or require certain materials and dimensions so mowing and maintenance can be consistent across the grounds.
If you’re already thinking ahead to what you’ll engrave, Funeral.com’s headstone quotes and sayings guide can help you plan wording that fits both your heart and cemetery limits.
Perpetual care vs. maintenance: what long-term care usually covers
This is the section of cemetery contracts that can sound comforting—and still lead to confusion later: perpetual care vs maintenance.
Many cemeteries collect a care fee that goes into a restricted fund (often described as a trust). What families expect is “this means the gravesite will always be neat.” What it often means is “the cemetery will maintain the general grounds.”
New York State guidance explains that “endowed” or “perpetual” care is typically funded through an invested trust, where income (not principal) supports care; that’s one reason “perpetual care” can be a confusing promise if you don’t ask what’s included: Department of State (NY) – Endowed/Perpetual Care (PDF).
The Funeral Consumers Alliance also notes that perpetual/endowment care fees are commonly a percentage of plot price and often relate to state-required trust funds: Funeral Consumers Alliance (PDF).
Transfers and resale: what happens if plans change
One of the quiet truths about end-of-life planning is that life keeps changing. Families move. Relationships shift. A cemetery that once felt close becomes far away. That’s why transfer and resale of plots deserves real attention before you sign.
Some contracts allow resale only back to the cemetery. Others allow transfer to family members, but require paperwork, fees, or proof of authority. A contract may also restrict market resale entirely, which matters if you assume you can sell unused spaces later.
If you’re buying multiple spaces, ask how ownership is recorded and what happens when the owner dies. Make sure the contract language matches the family structure you actually have—not the one you wish you had.
How cremation choices fit into cemetery agreements
Even if this article focuses on cemetery contracts, modern planning rarely stays in one lane. Many families now combine a cemetery place with a personal memorial at home: a niche plus a small keepsake, a family plot plus jewelry, a burial marker plus ashes divided among siblings.
A family might choose cremation urns for ashes for the home now, then later place the main urn in a niche or bury it in a plot. Funeral.com’s collection of cremation urns for ashes includes designs that can work for home display and later cemetery placement, depending on cemetery rules.
If different relatives want closeness in different ways, small cremation urns and keepsake urns can make a shared plan feel gentler: the cemetery can remain the central place, while loved ones keep a symbolic portion at home. You can explore small cremation urns for ashes and keepsake urns when that kind of layered memorial feels right.
For some, the most livable choice is cremation jewelry—a piece you can wear without having to decide everything immediately. Funeral.com’s cremation jewelry and cremation necklaces collections are designed for that quiet kind of closeness.
If you’re still weighing costs, it also helps to separate funeral-home charges from cemetery charges. Funeral.com’s guides on funeral costs broken down and how much does cremation cost (see: How Much Does Cremation Cost?) can help you build a clearer budget that includes cemetery fees like opening and closing, foundations, and care charges.
And if your family is considering scattering or water burial, a cemetery contract still matters if you want a permanent marker or a place for future visits. Funeral.com’s guide to water burial explains how families often combine meaningful ceremonies with practical memorial choices.
Questions to ask before you sign (and before you pay anything extra)
If you only do one thing after reading this, do this: ask the cemetery to explain the contract out loud, and write down the answers.
Start by confirming the legal basics (are you buying land or interment rights—and who has authority). Then walk through costs in plain order (what’s included today, what’s charged later, and what fees change over time). Finally, confirm the “long-term care” promise in writing (what perpetual/endowment care covers, and what remains the family’s responsibility) and the exit plan (transfer rules, resale rules, and required paperwork if plans change).
If the person you’re speaking with can’t answer clearly, that’s not a reason to panic—but it is a reason to pause.
A gentle way to think about the contract: you’re buying future clarity
At its best, a cemetery contract is not a trap. It’s a record. It tells future family members where someone is, what was intended, who has authority, and what’s been paid for. That kind of clarity is a gift—especially when grief makes everything else feel unsteady.
And if you’re balancing multiple needs—tradition and flexibility, a cemetery place and keeping ashes at home, a shared family plot and personal keepsakes—those plans can live together. They just need to be put in writing with open eyes.
