Georgia family burial plot, cemetery and preneed seller rules

Under a 2026 Georgia law, Senate Bill 146, no one may establish a family burial plot on or after July 1, 2026, without first getting a permit from the county or city government where the plot will be. A new family burial plot must be on a tract of at least one-half acre, with a permanent access easement for the county or city and for the immediate family and descendants of those buried there, and a covenant requiring every owner of the land to preserve, protect and maintain it. It may not be in a flood plain or within 100 feet of a water well, must be surveyed by a registered land surveyor, and may not be used to sell burial rights. If a permit is denied, the applicant may appeal to the county’s superior court within 30 days. Contact your county or city government before planning a burial on family land. [1][2]

The same law lets a descendant of a person buried on someone else’s land, if denied entry, ask the superior court in that county for an order allowing entry to visit, care for or maintain the grave site. The court may set the dates and hours of entry and impose limits to prevent unreasonable interference with the owner’s use of the land. A person with reasonable grounds to believe they are a descendant of someone who may be buried on the land can also ask the court for permission to enter to find out whether the remains are there. Ask the landowner for access first, and note the date of any refusal. [3]

Each Georgia cemetery required to be registered under the state’s cemetery and funeral services law must establish and maintain an irrevocable trust fund for each cemetery it owns. For trust funds established on or after July 1, 2000, an initial deposit of $10,000 must be made before the cemetery sells or contracts to sell any burial right, and the trust fund applies to sales of lots, grave spaces, niches, mausoleums, columbaria, urns or crypts where perpetual care has been promised or guaranteed. Ask whether the cemetery is registered and whether your contract promises perpetual care. [4]

In Georgia, individuals who offer preneed contracts to the public, sign them on behalf of a business that must register as a preneed dealer, or offer, sell or sign contracts for the preneed sale of burial rights must be registered with the Secretary of State as preneed sales agents, unless the law exempts them or they individually own a controlling interest in a registered preneed dealer. A person or business that wants to be a registered preneed dealer must file a registration application with the Secretary of State, except that a funeral services director in full and continuous charge licensed by the Board of Funeral Service is treated as a registered preneed dealer. Before you sign, ask the seller for their Secretary of State registration. [5][6]