§ 23-21-12 — Voluntary removal

At any time prior to the removal by a cemetery authority of the remains of any person, any
relative or friend of the decedent may voluntarily remove and dispose of the remains. The
person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an
affidavit stating the name of the decedent whose remains it is desired to remove and, so far as
is known to affiant, the date of burial and the names and places of residence of the heirs at law
of the decedent. If the person desiring to cause the removal is not an heir at law of the person
whose remains the person desires to remove, the removal may not be made by that person until
that person has delivered to the cemetery authority the written consent of a majority of the
known heirs at law of the decedent who are residents of this state. The statements in the
affidavit are sufficient evidence of the number, names, and residences of the heirs at law for all
of the purposes of this chapter, and the written consent of the majority of the heirs at law named
in the affidavit is sufficient authority for the cemetery authority to permit the removal of the
remains.