Minnesota Statutes

Minn. Stat. § 525.14 (2026)

Descent Of Cemetery Lot

✓ current as of May 2026
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Subject to the right of interment of the decedent therein, a cemetery lot or burial plot, unless disposed of as provided in section 306.29, shall descend free of all debts as follows:

(1) to the decedent's surviving spouse, a life estate with right of interment of the spouse therein, and remainder over to the person who would be entitled to the fee if there were no spouse, provided, however, if no person entitled to the remainder of the fee survives, then the entire fee to the surviving spouse with right of interment therein;

(2) if there is no surviving spouse, then to the decedent's eldest surviving child;

(3) if there is no surviving child, then to the decedent's youngest surviving sibling;

(4) if there is no surviving spouse, child or sibling of the decedent, then, if not sold during administration of decedent's estate, to the cemetery association or private cemetery in trust as a burial lot for the decedent and such of the decedent's relatives as the governing body thereof shall deem proper.

The cemetery association or private cemetery, or, with its consent, any person to whom the lot shall descend may grant and convey the lot to any of the decedent's parents, siblings or descendants.

A crypt or group of crypts or burial vaults owned by one person in a public or community mausoleum shall be deemed a cemetery lot.

Grave markers, monuments, memorials and all structures lawfully installed or erected on any cemetery lot or burial plot shall be deemed to be a part of and shall descend with the lot or plot.

Notes of Decisions
Cited in 4 cases, 1964–2018 · leading case: Laymon v. Minn. Premier Props., LLC, 913 N.W.2d 449 (Minn. 2018).
Laymon v. Minn. Premier Props., LLC, 913 N.W.2d 449 (Minn. 2018). “cases involving lapse, disclaimer, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to the decedent's heirs, or to those indicated as substitutes for them in cases involving disclaimer, renunciation…”
In Re Est. of Jeruzal, 130 N.W.2d 473 (Minn. 1964). “16, which determines the statutory share of the surviving spouse and provides in part: “Except as provided in sections 525.14 and 525.145, and subject to the allowances provided in section 525.”
Matter of Est. of Shapiro, 380 N.W.2d 796 (Minn. 1986). “-16 (1974) provides that the estate, from which the elective share is computed, is comprised of all real and personal property “[e]xcept as provided in sections 525.14 [descent of cemetery lot] and 525.”
Est. of Radel v. Comm'r, 88 T.C. 1143 (9th Cir. 1987). · cites it 2× “Descent of property Except *86 as provided in sections 525.”
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