Upon the death of the record owner of the burial rights in a burial plot, the burial rights pass as part of the estate of the owner if:

1. (1) the record owner did not dispose of the burial rights by:

   1. (A) a specific devise in the last will and testament of the record owner; or
   2. (B) a written designation or transfer of ownership recorded with the cemetery under section 2 or 3 of this chapter;
2. (2) the burial rights have not become vested in another individual under IC 23-14-39 or IC 23-14-40 ;
3. (3) the burial plot does not become a family burial plot under IC 23-14-41 before the instrument referred to in subdivision (4) is recorded with the cemetery; and

4. (4) an instrument that:

   1. (A) is prepared in accordance with IC 29-1 ; and

   2. (B) documents the person or persons entitled to become the new record owner or owners of the burial plot and to receive the burial rights as part of the deceased record owner's estate;

      is recorded with the cemetery.

As added by P.L.52-1997, SEC.16.