How Palmer Law Can Help You Create A Legal Family Cemetery 

In regard to family cemeteries… how to create one, and how to have that piece of ground officially recognized and legally protected as a family cemetery.

We do that. We’ve done that successfully.

The first key is don’t start too late, because the process takes a while. So don’t start while somebody is in ill health, and won’t be with us much longer or, God forbid, if they’ve just died. Because the process to create a family cemetery takes several months. Think and plan ahead.

Secondly, in regard to what county of Oklahoma you’d like to create this family cemetery…if it’s Oklahoma, Tulsa, Cleveland, or Canadian County, Oklahoma, my advice is… find a different county for your family cemetery.

Theoretically, it might be possible to create a cemetery in those highly developed counties, but it’s going to be difficult and not as likely to succeed. All the other counties which are more rural and don’t have zoning outside of cities, the situation is much easier.

Thirdly, you need to have somewhere between a quarter acre to half an acre, and you’re going to need considerable set back. So, if you’ve only got a small plot of land, in your backyard, well… you need to have a fair amount of land for setback. I wouldn’t try creating a family cemetery if you don’t have a fairly good-sized farm or ranch, some double-digit acres.

If you meet all these criteria, then there’s two steps to the process. One is a survey by a surveyor. And the survey needs very particular and specific things. We can give you guidance and examples for your surveyor, but you’ve got to do that part. You’ve got to hire the surveyor.

The next step is we must go before the county board and get a resolution approved on your behalf.  

But that’s it! And in our experience so far, creating a family cemetery actually costs less than most criminal matters, and certainly less than most family law matters. It costs about as much as defending a really bad traffic ticket.

If you’ve got a piece of land picked out, a name for your cemetery, and a dream of creating a legal family cemetery, let us know. We’ll get you there and on a budget.  

Peaceful rural Oklahoma landscape at sunset with a fenced family cemetery and headstones, with a clipboard and property marker in the foreground representing legal planning