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You are here: Experts > Health/Fitness > Death and Dying > Funerals > Moving the remains of a loved one to another county
Funerals - Moving the remains of a loved one to another county
Expert: Lisa Carlson - 11/3/2009
Question
QUESTION: My nephew was 8 years old when he passed away. He was buried in another county, same state. My parents are both dying with different cancers. Their last wish is to have him (my nephew, their grandson) buried next to them. We have all ready purchased the plots. I don't know where to start. My nephew's passing wasn't of natural causes. I don't know if it matters, but he was murdered. His mother's (my sister) boyfriend beat him literally to death. She was in Florida at the time, but still received 25 years because she knew what was going on and did nothing to help him. He received life without parole. My sister has been released from prison all ready. She was stripped of all of her parental rights. In fact, there was a 5 month old daughter (my niece) that was adopted to another family. Can you tell us where to start? I don't even have a clue, but I would love nothing more than to help my parents with this.
Thank you, sincerely,
Michelle
ANSWER: In what state? You don't need a lawyer to go to probate court, and that may be necessary to get a disinterment order. I will check the laws when you tell me.
Check with a funeral director near your parents, too. (If they haven't already shopped around, this might be a good time, as there can be a BIG difference in costs between funeral homes.) If the nephew was buried some time ago, the casket may have given out and need to be replaced.
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QUESTION: He (the nephew) was buried in September of 1999 in Williamson County and we want him moved to Hardin County. Thank you so much for your help.
Sincerely,
Michelle
ANSWER: In what state?
---------- FOLLOW-UP ----------
QUESTION: I am so sorry! Illinois is the state.
Answer
Here is the law. You can see that you need to do it at least 30 days prior to any plans. A local funeral director can help with this. I don't think it will be difficult.
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(5) A permit for disposition of a dead human body shall be required prior to disinterment of a dead body or fetus, and when the disinterred body is to be shipped by a common carrier. Such permit shall be issued to a licensed funeral director or person acting as such, upon proper application, by the local registrar of the district in which disinterment is to be made. In the case of disinterment, proper application shall include a statement providing the name and address of any surviving spouse of the deceased, or, if none, any surviving children of the deceased, or if no surviving spouse or children, a parent, brother, or sister of the deceased. The application shall indicate whether the applicant is one of these parties and, if so, whether the applicant is a surviving spouse or a surviving child. Prior to the issuance of a permit for disinterment, the local registrar shall, by certified mail, notify the surviving spouse, unless he or she is the applicant, or if there is no surviving spouse, all surviving children except for the applicant, of the application for the permit. The person or persons notified shall have 30 days from the mailing of the notice to object by obtaining an injunction enjoining the issuance of the permit. After the 30‑day period has expired, the local registrar shall issue the permit unless he or she has been enjoined from doing so or there are other statutory grounds for refusal. The notice to the spouse or surviving children shall inform the person or persons being notified of the right to seek an injunction within 30 days. Notwithstanding any other provision of this subsection (5), a court may order issuance of a permit for disinterment without notice or prior to the expiration of the 30‑day period where the petition is made by an agency of any governmental unit and good cause is shown for disinterment without notice or for the early order.
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