Ind. Code ch. 23-14-48

Ind. Code ch. 23-14-48
in effect

Ind. Code § 23-14-48-1 Application of chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter does not apply to: (1) a cemetery owned by a municipal corporation or other governmental unit; (2) a religious cemetery; or (3) a cemetery: (A) that is ten (10) acres or less in size; (B) that is owned and operated entirely and exclusively by a nonprofit mutual association in existence on June 14, 1939; and (C) in which burials have taken place before June 14, 1939. (b) If a cemetery described in subsection (a)(3) directly or indirectly: (1) constructs or permits to be constructed any structure, above or below ground, and offers interment rights in the structure for sale to the general public; or (2) acquires: (A) additional land; or (B) an interest in additional land; causing the cemetery to exceed ten (10) acres in size; this chapter applies to the whole of the cemetery. As added by P.L.52-1997, SEC.22.

Ind. Code § 23-14-48-1.5 "Immediate maintenance needs"

Sec. 1.5. As used in this chapter, the "immediate maintenance needs" of a cemetery means the need to perform one (1) or more of the perpetual care activities set forth in IC 23-14-33-30(a)(1) through IC 23-14-33-30(a)(6) and IC 23-14-33-30(b)(1) through IC 23-14-33-30(b)(4) in the present rather than at a future time. As added by P.L.14-2018, SEC.2.

Ind. Code § 23-14-48-2 Establishment of perpetual care fund; limit on withdrawals

Sec. 2. (a) The owner of each cemetery shall provide for the creation and establishment of an irrevocable perpetual care fund. (b) The principal of a perpetual care fund established under this section shall permanently remain intact, except as provided in this chapter. (c) The following apply to a perpetual care fund unless the perpetual care fund is a trust that has been converted into a total return unitrust under section 2.6 of this chapter: (1) Fifty percent (50%) of any appreciation of the principal of the fund may be withdrawn annually not more than forty-five (45) days after the end of the fund's fiscal year. (2) Any income earned by the fund during the fiscal year may be withdrawn quarterly during the fund's fiscal year. (d) Any withdrawal of: (1) income from a perpetual care fund under subsection (c)(2); or (2) appreciation of the principal of a perpetual care fund under subsection (c)(1); shall be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery. (e) A perpetual care fund established under this section is not subject to attachment by a creditor unless the underlying debt was incurred for the perpetual care or endowment care (as defined in IC 23-14-33-30) of the cemetery for which the fund was established. As added by P.L.52-1997, SEC.22. Amended by P.L.66-1999, SEC.1; P.L.14-2018, SEC.3; P.L.33-2019, SEC.1.

Ind. Code § 23-14-48-2.2 Withdrawal of funds from perpetual care fund established as a conventional trust

Sec. 2.2. If: (1) the perpetual care fund of a cemetery is a trust; and (2) the perpetual care fund trust has not been converted into a total return unitrust under section 2.6 of this chapter; the trustee of the trust may, to the extent allowed by section 2 of this chapter, withdraw funds from the trust in amounts the trustee considers necessary to pay the cost of perpetual care of the cemetery, notwithstanding any provision in the terms of the trust instrument that would restrict withdrawals from the trust for perpetual care of the cemetery to less than the amounts allowed by section 2 of this chapter. As added by P.L.163-2016, SEC.1. Amended by P.L.33-2019, SEC.2.

Ind. Code § 23-14-48-2.4 Investment of money in perpetual care fund

Sec. 2.4. (a) As used in this section, "broker or brokerage firm" refers to a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser authorized under IC 23-19 to transact business in Indiana. (b) As used in this section, "financial institution" means any bank, trust company, mutual savings bank, savings association, or credit union that was organized and is operating under Indiana law or the laws of the United States. (c) As used in this section, "money market mutual fund" means either of the following: (1) A money market mutual fund that meets the conditions of 17 CFR 270.2a-7 under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.). (2) A money market mutual fund that at all times invests only in: (A) obligations that are issued, guaranteed, or insured by the United States government; or (B) collateralized repurchase agreements composed of obligations described in clause (A). (d) As used in this section, "mutual fund" means: (1) an investment company; or (2) in the case of an investment company that is organized as a series company, an investment company series; that is registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.). (e) In administering a perpetual care fund established under section 2 of this chapter, the cemetery owner, trustee, or other entity administering the fund shall exercise the judgment and care required by IC 30-4-3.5, except that: (1) the investment of money in the fund is not limited to: (A) deposit in a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Share Insurance Fund, or another federal insurance fund backed by the full faith and credit of the United States government; or (B) the purchase of government securities of the United States; and (2) money in the fund may be invested in any of the following: (A) Certificates of deposit issued by financial institutions. (B) Money market mutual funds. (C) Stock or shares of mutual funds. (D) Any interest bearing account or fund that is offered by a financial institution or a broker or brokerage firm. As added by P.L.14-2018, SEC.4.

Ind. Code § 23-14-48-2.6 Conversion of perpetual care fund into total return unitrust

Sec. 2.6. (a) If a perpetual care fund established under this chapter is a trust, the trust may be converted into a total return unitrust under IC 30-2-15. (b) Withdrawals may be made from a trust converted into a total return unitrust as provided in: (1) the governing trust instrument of the trust; and (2) IC 30-2-15. (c) Except for withdrawals for the payment of expenses as allowed by: (1) the governing trust instrument of the trust; and (2) IC 30-2-15; all withdrawals from a trust converted into a total return unitrust shall be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery. (d) This subsection applies to a unitrust distribution made in any given year. Before making a unitrust distribution, the trustee must do the following: (1) Evaluate the change that a unitrust distribution will make to the trust's principal over time. (2) Ensure that the current market value of the trust at the time of the trustee's evaluation is greater than the sum of the following amounts: (A) Eighty percent (80%) of the trust's principal amount at the time of the trust's conversion to a unitrust. (B) Any required contributions made to the trust after the trust's conversion to a unitrust. If the current market value of the trust is less than the amount required by this subsection, any distribution made from the trust shall be consistent with section 2 of this chapter. As added by P.L.33-2019, SEC.3.

Ind. Code § 23-14-48-3 Establishment; payment; fund segregated

Sec. 3. (a) A perpetual care fund shall be established under this chapter as follows: (1) In the case of a cemetery for earth burials, by the application and payment to the perpetual care fund of an amount at least equal to: (A) fifteen percent (15%) of the sale price; or (B) eighty cents ($0.80) per square foot of area; of each burial plot sold or transferred, whichever is greater. (2) In the case of a community or public mausoleum, or community or public garden crypt, by the application and payment to the perpetual care fund of an amount at least equal to: (A) eight percent (8%) of the sale price; or (B) one hundred dollars ($100) per crypt sold or transferred; whichever is greater. (3) In the case of a community columbarium, by the application and payment to the perpetual care fund of an amount at least equal to twenty dollars ($20) per niche sold or transferred. (b) From the sale price, any payment on the sale price, or in a nonmonetary transfer, the owner shall pay an amount in proportion to the requirements of subsection (a)(1) through (a)(3) to the care fund. The payment must be in cash and shall be deposited with the trustee of the fund: (1) not more than thirty (30) days after the end of the month in which payments on the sale are received; or (2) not more than thirty (30) days after the end of the month in which there was a transfer which did not involve a sale. (c) The payments required by this section are required to be paid only on the original sale or transfer and not again for any subsequent resale or transfer of the same ground interment rights, crypt, or niche. (d) The trustee of a fund established under this chapter must keep the fund segregated from any other fund or account belonging to the owner of the cemetery. As added by P.L.52-1997, SEC.22. Amended by P.L.66-1999, SEC.2; P.L.65-2007, SEC.1; P.L.61-2008, SEC.1.

Ind. Code § 23-14-48-4 Duties of cemetery organized after March 6, 1953, and before July 1, 1997

Sec. 4. (a) In addition to meeting the requirements of sections 1 through 3 of this chapter, a cemetery that: (1) is organized after March 6, 1953, and before July 1, 1997, by incorporation, association, individually, or any other means; or (2) has its first burial after March 6, 1953, and before July 1, 1997; shall, before disposing of a burial lot or right, making a sale of a burial lot or right, or making its first burial, cause to be deposited in a financial institution the sum of twenty-five thousand dollars ($25,000) in cash in the perpetual care fund established under this chapter for the maintenance of the cemetery. (b) The cemetery owner shall designate the financial institution as trustee of the fund. The financial institution must execute an affidavit stating that it has accepted the trusteeship of the fund and that the twenty-five thousand dollars ($25,000) has been deposited in the fund. The cemetery shall: (1) exhibit the affidavit in the principal office of the cemetery; (2) keep the affidavit available at all times for examination; and (3) record the affidavit in the miscellaneous records in the office of the recorder in the county in which the cemetery is located. (c) When the cemetery has deposited in the perpetual care fund, as required by this section, fifty thousand dollars ($50,000): (1) the cemetery shall submit proof of this fact to its trustee; and (2) the trustee shall pay over to the cemetery the amount of twenty-five thousand dollars ($25,000) that the cemetery deposited in the fund under subsection (a). As added by P.L.52-1997, SEC.22. Amended by P.L.66-1999, SEC.3; P.L.3-2008, SEC.168; P.L.33-2019, SEC.4.

Ind. Code § 23-14-48-5 Duties of cemetery organized after June 30, 1997

Sec. 5. (a) In addition to meeting the requirements of sections 1 through 3 of this chapter, a cemetery that: (1) is organized after June 30, 1997, by incorporation, or any other means; or (2) has its first burial, entombment, or inurnment after June 30, 1997; shall, before disposing of a burial lot or right, making a sale of a burial lot or right, or making its first burial, entombment, or inurnment cause to be deposited in a financial institution one hundred thousand dollars ($100,000) in cash in the perpetual care fund established under this chapter for the maintenance of the cemetery. (b) The cemetery owner shall designate the financial institution as trustee of the fund. The financial institution must execute an affidavit stating that it has accepted the trusteeship of the fund and that the one hundred thousand dollars ($100,000) has been deposited in the fund. The cemetery shall: (1) exhibit the affidavit in the principal office of the cemetery; (2) keep the affidavit available at all times for examination; and (3) record the affidavit in the miscellaneous records in the office of the recorder of the county in which the cemetery is located. (c) When the cemetery has deposited in the perpetual care fund, as required by this section, two hundred thousand dollars ($200,000): (1) the cemetery shall submit proof of this fact to its trustee; and (2) the trustee shall pay over to the cemetery one hundred thousand dollars ($100,000) that the cemetery deposited in the fund under subsection (a). (d) This section does not apply in the case of a cemetery consisting of a columbarium or a community columbarium: (1) installed before January 1, 2026; and (2) owned by a nonprofit organization that: (A) focuses on veterans; (B) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and (C) deposits for each transfer of a niche: (i) ten percent (10%) of the retail sale amount into the perpetual care fund established under this chapter for the maintenance of the cemetery; and (ii) ninety percent (90%) of the retail sale amount into an irrevocable trust fund for the purpose of maintaining the grounds and facilities. As added by P.L.52-1997, SEC.22. Amended by P.L.66-1999, SEC.4; P.L.3-2008, SEC.169; P.L.33-2019, SEC.5; P.L.82-2025, SEC.1.

Ind. Code § 23-14-48-6 Increases in perpetual care fund

Sec. 6. A perpetual care fund may be increased by adding to the fund surplus money or property that the cemetery receives by will, deed, gift, or otherwise. As added by P.L.52-1997, SEC.22. Amended by P.L.33-2019, SEC.6.

Ind. Code § 23-14-48-7 Accounting and report; audit

Sec. 7. (a) Not more than ninety (90) days after the end of the fiscal year of a cemetery to which this chapter applies, the custodian or trustee of the perpetual care fund of the cemetery shall prepare and file with the owner of the cemetery a detailed accounting and report of the perpetual care fund for the preceding fiscal year. The report: (1) must include, among other things, a properly itemized listing of the securities in which the funds are invested; and (2) shall be available for inspection and copying at all times by any owner of or holder of a burial right in the cemetery at the usual place at which the regular business of the cemetery is transacted. (b) Not more than one hundred five (105) days after the end of the fiscal year of a cemetery to which this chapter applies, the trustee of the perpetual care fund of the cemetery shall file the report required under subsection (a) with the state board of funeral and cemetery service. (c) The state board of funeral and cemetery service may audit or order an audit of the perpetual care fund of a cemetery if the state board of funeral and cemetery service determines that the trustee of the perpetual care fund is not complying with the requirements set forth in subsections (a) and (b). The cemetery that is the subject of the audit shall pay all costs associated with the audit. (d) The owner of a cemetery shall maintain a report required by this section for the longer of: (1) ten (10) years; or (2) three (3) years after the date the owner sells or otherwise transfers the cemetery. As added by P.L.52-1997, SEC.22. Amended by P.L.65-2007, SEC.2; P.L.61-2008, SEC.2.

Ind. Code § 23-14-48-8 Separate and distinct cemeteries

Sec. 8. Each geographic location used as a cemetery constitutes a separate and distinct cemetery for the purpose of this chapter. As added by P.L.52-1997, SEC.22.

Ind. Code § 23-14-48-9 Violation of chapter

Sec. 9. (a) Except as otherwise provided in subsections (b) and (c), a person who knowingly violates this chapter commits a Class A misdemeanor. (b) A person who makes a false or fraudulent representation as to the existence, amount, investment, control, or condition of a perpetual care fund of a cemetery for the purpose of inducing another to purchase any burial right commits a Class C infraction. (c) A person who knowingly or intentionally uses funds in a perpetual care fund established under this chapter for purposes other than the perpetual care of the cemetery for which the perpetual care fund was established commits a Level 5 felony. As added by P.L.52-1997, SEC.22. Amended by P.L.113-2007, SEC.4; P.L.158-2013, SEC.266; P.L.33-2019, SEC.7.

Ind. Code § 23-14-48-10 Formation of association for management, care, and supervision of cemetery

Sec. 10. (a) This section applies to a corporation that: (1) is organized under Indiana law for the purpose of establishing and maintaining a cemetery; or (2) is organized for another purpose but has established and maintains a cemetery. (b) If: (1) a corporation described in subsection (a) has not provided a general perpetual care fund after having sold all of the lots in a cemetery; and (2) at least twenty-five (25) owners of lots in the cemetery or next of kin of owners of lots in the cemetery: (A) form an association for the purpose of taking over the management, care, and general supervision of the cemetery; and (B) sign and submit to the corporation a petition seeking authority for the management, care, and general supervision of the cemetery; the corporation shall turn over to the association the complete authority for the management, care, and supervision of the cemetery. (c) An association to which subsection (b) applies shall assume all responsibility and liability for the proper care and management of the cemetery, subject to the following: (1) If a cemetery has been under the control of a certain religious denomination, sect, or creed that has observed certain religious customs or rules with reference to the burying of the dead in the cemetery, the association shall observe those religious customs or rules. (2) The transfer of authority under this section does not affect the reversion of the title to the lands occupied by the cemetery if the land ever ceases to be used as a cemetery or burial place for the dead. As added by P.L.52-1997, SEC.22.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/23Fetched: 10/17/2026