When a loved one's remains are dug up or moved without permission

Florida law treats disinterment as a step that requires written authorization.

Call (305) 209-0384 Read the questions first ↓

Read the questions first

• Who has to give permission?
• Another relative asked for the move. Can they do that?
• The cemetery moved the remains within the same cemetery. Is that different?
• How long do I have?

What Florida law says

• Written authorization first. The funeral director must obtain written authorization from a legally authorized person or a court before a body is disinterred and reinterred (§ 497.384(3), Fla. Stat.).
• A funeral director present. Disinterment and reinterment require the physical presence of a licensed funeral director, unless the reinterment is in the same cemetery (§ 497.384(1)).
• A ground for discipline. Failing to obtain written authorization from a legally authorized person before a disinterment, disentombment, or disinurnment is a ground for discipline (§ 497.152(8)(e)).
• Temporary storage. Moving remains from a designated temporary storage area to a permanent burial place within a cemetery is not considered a disinterment (§ 497.384(5)).
• Who decides. Florida ranks the legally authorized person: the decedent's written directions, then a person named on a military DD Form 93 if the decedent died in service, the surviving spouse, adult children, parents, adult siblings, adult grandchildren, grandparents, and then the next closest relatives (§ 497.005(43)(a)).
• Disputes go to court. A dispute about a person's right to give authorization, or about the validity of the papers, is resolved by a court (§ 497.383(2)).

What the law may provide

Florida lets any person bring a civil action against a person or company that violates Chapter 497, for actual damages, punitive damages as the common law allows, and other relief (§ 497.169(1)). Depending on the facts, a family may also have claims for interference with a loved one's remains, breach of contract, or negligence. Your family's emotional harm matters. The Florida Supreme Court is now considering when Florida law allows recovery for emotional harm without a physical injury, and we will explain how the law stands for your situation. If a family wins a civil case over a Chapter 497 violation by a licensed cemetery company, the court may order the cemetery company to pay the family's reasonable attorney's fees and costs (§ 497.169(2)). Fee rules can affect both sides in a lawsuit; we explain them before filing.

What to keep and request

• The burial-rights papers and the original burial records.
• Any notice, letter, or call telling you about the move, with dates.
• Dated photographs of the old and new locations.
• Papers showing your relationship and place in the order of who decides.
• A written request for the disinterment authorization, any court order, work orders, and the name of the funeral director present.

The deadline

Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day it happened as the deadline in every case, and you should too. If you only just found out, call anyway: when the clock started is a question we answer case by case.

What to do first

If a move is planned but has not happened, call now and put your objection in writing to the cemetery. If it already happened, photograph both sites and gather your papers. See Cemetery negligence and What to do right now.

Questions families ask

Who has to give permission?

A legally authorized person, ranked by Florida law, or a court. The authorization must be in writing and obtained before the disinterment.

Another relative asked for the move. Can they do that?

It depends on where that relative stands in Florida's order compared with you. If there is a dispute over who has the right to decide, Florida sends it to a court. See Released to the wrong person for how the order works.

The cemetery moved the remains within the same cemetery. Is that different?

Only partly. A funeral director does not have to be present when remains are reinterred in the same cemetery, but at a licensed cemetery, Florida still requires written authorization from the legally authorized person before the disinterment.

How long do I have?

Two years from the day it happened is the deadline we use in every case. Families often learn of a move later, so call the day you find out.

Talk to Dennis

When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.

Call (305) 209-0384 WhatsApp

You can read about some of our past cases on our Results page.

Former Miami-Dade prosecutor · Since 2012 · Super Lawyers Rising Stars · Avvo Rating 10.0