Grave ownership

Find out about how grave ownership works and how to transfer ownership

Exclusive Rights of Burial

A Grant of Exclusive Right of Burial (ERoB) is issued when a person has purchased and owns the rights to bury in an agreed grave plot. An Exclusive Right of Burial does not constitute any ownership of land; the land remains in the Council's ownership.

The grant of Exclusive Right of Burial is initially granted for 50 years. At the owners' request, the period of the Grant can be extended by increments of 25 years, up to a maximum of 100 years.

The Grant of Exclusive Right of Burial does not include permission to erect a memorial. The right to erect a memorial must be applied for separately. The owner(s) of the right to erect a memorial must be the same as the owner of the Exclusive Right of Burial.

Transfer of Exclusive Rights of Burial

If the owner of an exclusive right of burial has died the ownership will need to be transferred to a living owner. The deceased owner automatically has the right to be buried in the grave plot. A living owner may also transfer the exclusive right of burial at any point should they wish to do so.

If the deceased owner has made a valid will that requires grant of probate, ownership of the grave can be transferred to the executor(s). The applicant must produce a sealed copy of the grant of probate before the transfer of ownership can be completed. If no will was left, please contact Bereavement Services for advice on how the ownership can be transferred. There is a fee for the transfer of an Exclusive Right of Burial which is currently £73.00.

Contact us by email bereavementservices@sstaffs.gov.uk or on 01902 696111 for more information.

You can find information on Wills, Probate and Inheritance on the Gov.UK website 

If you need to obtain a copy of a death certificate and you know the date and area in which the death occurred you can do so via Staffordshire Registration Services 

If you need a copy of the death certificate but do not know the date or area in which the death occurred you can apply to the General Register Office (GRO) for a search on the national database.

If you need to find out whether a will was made you can search the Gov.UK 'Find a Will' website.

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