Short Answer

In North Carolina, disinterment requires a disinterment–reinterment permit issued by the county health director (or the State Registrar) to a licensed funeral director. To get that permit, you must provide written authorization from the person(s) with the legal right to control disposition of the decedent’s remains, or obtain a court order if consent is disputed or the cemetery requires one. Cemeteries may also require their own written approvals and proof of plot rights.

Understanding the Problem

You want to move a family member’s remains in North Carolina and need to know how to document family consent so the authorities and cemetery will approve the disinterment. The key decision point is: how do you prove that the correct person(s) under North Carolina law agree to the move so a permit (or, if necessary, a court order) can be issued? Here, all heirs have signed, but the cemetery says a court order is required.

Apply the Law

North Carolina law puts the “right to control final disposition” (burial, cremation, and later disinterment) in a priority order. A decedent’s written instructions (such as in a will or a separate signed document) control. If none exist, authority passes to relatives in a statutory order. When more than one person shares the same rank (for example, multiple adult children), a majority of those reasonably available may act. The health director will not issue a disinterment–reinterment permit without written authorization from the correct person(s) or a court order. If there is a dispute—or if a cemetery insists on a court order—the Clerk of Superior Court can enter an order authorizing disinterment in an estate proceeding.

Key Requirements

• Right person(s) to consent: Written authorization must come from the person with the legal right to control disposition; if several share the same rank (e.g., adult children), a majority of those reasonably available may consent. A decedent’s written instructions (including in a will) override relatives’ preferences.
• Disinterment–reinterment permit: A licensed funeral director applies to the county health director where the remains are buried, identifying the decedent, current grave, destination, reason, and attaching the written consents (or court order).
• Cemetery approvals: Many cemeteries require their own written authorization, plot ownership/rights documentation, and may insist on a court order even when family consents are unanimous.
• Core documents: Consents from all required relatives, certified death certificate (for the person being moved), proof of any written instructions, family tree/affidavit, and receiving cemetery’s acceptance letter.
• Court order (if needed): If consent is disputed, a required relative cannot be found after reasonable efforts, or the cemetery insists, file an uncontested estate proceeding with the Clerk of Superior Court to obtain an order authorizing disinterment.

What the Statutes Say

• North Carolina Gen. Stat. § 130A-420 (Right to control disposition) – Sets who controls disposition of remains and how disputes are resolved.
• 10A NCAC 41H .0801 (Disinterment/Reinterment Permits) – Requires a permit from the local health director or a court order before disinterment.
• North Carolina Gen. Stat. § 65-106 (Protection of graves) – Prohibits disturbing graves except as authorized by law.
• North Carolina Gen. Stat. § 70-29 (Removal of graves by landowner) – Separate court process when a landowner seeks to relocate graves (not the typical cemetery-permit process).

Analysis

Apply the Rule to the Facts: Because all heirs and family members have signed, you likely have the necessary consents from the correct class of relatives for the decedent whose remains are being moved. A licensed funeral director can submit those consents with the disinterment–reinterment permit application to the county health department where the remains are buried. If the cemetery still requires a court order, you can file an uncontested petition with the Clerk of Superior Court to obtain an order authorizing the disinterment, then present that order with the permit application.

Process & Timing

1. Who files: The licensed funeral director. Where: County health department (local health director) in the North Carolina county where the remains are buried; coordinate with the receiving cemetery. If a court order is required, file an estate proceeding with the Clerk of Superior Court in the county of interment. What: Application and Permit for Disinterment and Reinterment (from NC Vital Records), written family consents, certified death certificate, receiving cemetery’s acceptance, cemetery approvals; if court order is needed, file a petition with consents attached. When: No fixed deadline, but obtain the permit before scheduling any work.
2. Health department review and permit issuance typically takes several business days after a complete application. If a court order is requested, uncontested matters can often be decided on petition without a hearing; timing varies by county.
3. Once the permit is issued (and any court order obtained), the funeral director coordinates with both cemeteries to complete disinterment and reinterment and ensures the receiving cemetery records the reburial.

Exceptions & Pitfalls

• Missing or disputing relatives in the same priority class can block a permit; if a required person cannot be located after reasonable efforts, or there is a dispute, seek an order from the Clerk of Superior Court.
• Written instructions by the decedent (in a will or separate signed directive) control and can override family preferences.
• Cemetery bylaws may require a court order even with unanimous consents; plan for an uncontested petition to avoid delays.
• Service/notice: If you seek a court order, identify and properly serve anyone with equal or higher priority to avoid later challenges.
• Interstate moves: Confirm the receiving state’s permit rules in addition to North Carolina’s permit.

Talk to a Probate Attorney

If you’re dealing with a North Carolina disinterment and need to document family consent or obtain a court order, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.