Sec. 3. Upon the death of the record owner of the burial rights in a burial plot, the burial plot shall be held as the family burial plot of the deceased owner, if:

(1) the remains of the record owner have been interred, entombed, inurned, or disposed of;

(2) the record owner did not dispose of the burial rights by a specific devise in the owner’s last will and testament or by a written designation or transfer of ownership recorded with the cemetery under IC 23-14-42; and

(3) there is at least one (1) interment, entombment, or inurnment in the burial plot.

As added by P.L.52-1997, SEC.15.