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.
