Whenever I set up Living Trusts for clients seeking to avoid probate they always want to know whether their burial plot should be in the trust. The simple answer is no. Burial plots are not like traditional real estate which always passes through a court supervised probate after death. When you purchase a burial plot, you do not actually own the land, the cemetery still holds title to the land. As a result, your burial plot is not technically a part of your estate.
To find out about the disposition of your burial plot upon death, you should always check with the cemetery. They typically have forms and procedures that will allow you to designate what will happen to your burial plot after your passing.
To find out more about avoiding probate for your family after death call (504) 274-1980 in the Metairie and New Orleans Area or call (985) 246-3020 in Mandeville, Covington, Slidell, Houma, Thibodaux, and surrounding areas.