Can you resell a cemetery plot in Virginia?

Can you resell a cemetery plot in Virginia?

David WhitfieldDavid Whitfield

2 min read - Last updated August 2026

Direct answer

In Virginia, resale works differently than in most states. State law (Code of Virginia Section 54.1-2312.1) only permits a resale of an interment right when it is at-need - tied to an actual death and immediate need for interment, not a plot the owner simply no longer wants - and the seller must be a licensed funeral establishment, funeral director, embalmer, or the cemetery company itself, not a private owner selling directly to a buyer. The cemetery company must also approve the transaction. Contact the cemetery office or a licensed funeral establishment before attempting to sell or buy a plot in Virginia.

Before beginning, browse the rest of the Cemlist resources for buying, selling, and transfer guidance.

What "restricted" means in Virginia

Unlike most states, Virginia doesn't let a plot owner simply list and sell directly to any private buyer. Under Code of Virginia Section 54.1-2312.1, a resale of an interment right is only valid when three things are true: it is at-need (tied to an actual death and an immediate need for interment, not a plot being resold in advance because the owner no longer wants it); the seller is a licensed funeral establishment, funeral director, embalmer, or the cemetery company itself, not a private individual acting alone; and the cemetery company approves the transaction after receiving a completed transfer form, the required transfer fee, and a bill of sale.

A seller other than a cemetery company also can't participate in more than four completed resale transactions in a calendar year.

If you own a plot in Virginia

Start with the cemetery office, not a private listing. Ask three questions: whether your situation qualifies as at-need, whether the cemetery will handle the transaction directly, and which licensed funeral establishment can help if the cemetery doesn't handle it itself. Get the transfer form, the fee, and the approval requirement in writing before you agree to anything with a buyer.

If you are buying in Virginia

Do not pay a private seller directly until you've confirmed the sale is going through a licensed party and the cemetery has approved it. Virginia law makes an unapproved resale void - the seller must refund the price within 30 days - so a plot "sold" outside this process isn't safely yours.

For the general steps outside Virginia's requirements, see how to buy a cemetery plot, how to sell a cemetery plot, and cemetery plot transfer rules. Other state guides are available for California, Texas, New York, and Florida.

Common questions

Can I sell my Virginia plot directly to another private buyer?

Not the way you could in most states. Virginia law requires a resale to be handled by a licensed party - a funeral establishment, funeral director, embalmer, or the cemetery company - and to be at-need. Contact the cemetery office or a licensed funeral establishment to find out how a transfer in your situation would work.

What does "at-need" mean for a Virginia resale?

It means the resale is tied to an actual death and an immediate need for interment, not a plot the owner is reselling in advance because they no longer want it. Ask the cemetery office whether your situation qualifies before you try to arrange a sale.

Does the cemetery have to approve the sale?

Yes. Under Virginia law, the cemetery company must approve a resale transaction once it receives a valid transfer form, the required transfer fee, and a bill of sale, provided the sale is consistent with its own rules. An unapproved resale is void, and the seller must refund the buyer within 30 days.

Sources

  • Code of Virginia Section 54.1-2312.1 (Resale of Interment Rights): https://law.lis.virginia.gov/vacode/title54.1/chapter23.1/section54.1-2312.1/

Last updated August 2026