Owner & Heir Procedure

Restriction on Transfer of Gravesites

No owner may transfer any gravesite within the Lake Delton Municipal Cemetery with profitable consideration. Prior to resale to any other person, the cemetery shall have the right to re-purchase any gravesite at the original purchase price. Any deed or receipt evidencing ownership of a site shall indicate the cemetery's right to re-purchase.

Owner & Heir Procedure

The owner of burial rights can authorize burials in his/her lot. If the owner of the burial rights is deceased, the burial rights become part of the estate to be devised by will or passed under the laws of intestacy. If there is a will, a copy must be provided along with a disposition report or order from the probate court which affirms the distribution in accordance with the will or states how the property is devised if different from the language of the will.

If there is no known will, heirs must be declared in an "Affidavit of Heirs" (view Affidavit of Heir Form (PDF) here), and authorizations obtained from each person named in order to effectuate a transfer. If an heir is deceased, then that heir's heirs must be named. It is incumbent upon the heirs of the "original owner" to settle the estate and bring to the Village a sufficient court document (judgment or order) that delineates who now can use the burial rights.

You may be required to show your birth certificate along with the death certificate of the owner or previous heirs to establish succession.

Authorization Instructions

Instructions for authorizing a burial when the owner of the burial rights is deceased:

  1. Only one heir to the lot owner must complete the "Affidavit of Heirs". The names, addresses, ages, and relationships of the heirs to the owners must be provided on this form. The purpose of the "Affidavit of Heirs" is to notify the Village of the heirs of the owner of the burial rights. By signing this document, one heir is assuming responsibility for notification of the other heirs, if any.
  2. The Affidavit must be signed by one heir and properly notarized.
  3. Release by Heirs (view Release by Heirs Form (PDF) here) must be signed and dated by all heirs named on the Affidavit.
  4. The completed Affidavit and authorization forms must be returned to the Clerk-Treasurer-Coordinator.
  5. The authorization process is complete.

Per Wisconsin State Statutes:

"Owner" means a person who, according to the records of the cemetery authority of the cemetery in which a cemetery lot is located, owns or partially owns the cemetery lot.

"Assignee" or "Heirs" means a person who has been assigned in the deceased owner's will or in any other legally binding written agreement, or who is entitled to receive an ownership interest in the cemetery lot.

CHAPTER 852 INTESTATE SUCCESSION

  1. Basic rules for intestate succession.
    1. 852.01(1) Who are heirs. Except as modified by the decedent's will under ss. 852.10 (1), any part of the net estate of a decedent that is not disposed of by will passes to the decedent's surviving heirs as follows:
      1. 852.01(1)(a) To the spouse:
        1. 852.01(1)(a)1. If there are no surviving issue of the decedent, or if the surviving issue are all issue of the surviving spouse and the decedent, the entire estate.
        2. 852.01(1)(a)2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of decedent's property other than the following property:
          1. 852.01(1)(a)2.a. The decedent's interest in marital property.
          2. 852.01(1)(a)2.b. The decedent's interest in property held equally and exclusively with the surviving spouse as tenants in common.
      2. 852.01(1)(b) To the issue, per stirpes, the share of the estate not passing to the spouse, under par. (a), or the entire estate if there is no surviving spouse.
      3. 852.01(1)(c) If there is no surviving spouse, or issue, to the parents.
      4. 852.01(1)(d) If there is no surviving spouse, issue, or parent, to the brothers and sisters and the issue of any deceased brother or sister per stirpes.
      5. N/A
      6. 852.01(1)(f) If there is no surviving spouse, issue, parent, or issue of a parent, to the grandparents and their issue as follows:
        1. 852.01(1)(f)1. One-half to the maternal grandparents equally if both survive, or to the surviving maternal grandparent; if both maternal grandparents are deceased, to the issue of the maternal grandparents or either of them, per stirpes.
        2. 852.01(1)(f)2. One-half to the paternal relations in the same manner as to the maternal relations under subd. 1.
        3. 852.01(1)(f)3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.
  2. Disinheritance from intestate share.
    1. 852.10(1) A decedent's will may exclude or limit the right of an individual or class to succeed to property passing by intestate succession.
    2. 852.10(2) The share of the intestate estate that would have passed to the individual or class described in A. (1) passes as if the individual or each member of the class had disclaimed his or her intestate.