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Selling a funeral home with a cemetery: perpetual care, inventory, and combination value

By , Business Advisor, HedgeStone Business Advisors · Last reviewed · 7 min read

Selling a funeral home with a cemetery means proving three things a funeral-only sale never asks: that the perpetual care fund holds every required deposit, that your interment inventory and burial records are accurate to the space, and that the cemetery regulator will approve the new owner. Buyers pay for combination value only when those records hold up.

Key takeaways

  • Confirm who legally owns the cemetery before anything else. Many cemeteries beside funeral homes belong to a nonprofit, church, or separate entity.
  • Buyers test the perpetual care fund two ways: were all required deposits made, and does fund income cover the real cost of maintenance?
  • A space-level inventory of sold, used, unsold, and undeveloped ground tells a buyer how many years of sales remain.
  • Cemetery approvals often run on a separate track from funeral licensing. Florida requires approval before a buyer acquires control, and Texas holds the care fund until a new owner is certified.

The largest operator in the country explains why combinations sell. In its FY2025 10-K, SCI reported 312 funeral home and cemetery combination locations. It said combination facilities “typically are more cost competitive and have a higher gross margin than funeral and cemetery operations that are operated separately.”

That margin comes with a duty that never ends. A cemetery must be maintained long after its last space is sold, and its records have to be right down to the individual grave. This guide covers what a seller should prepare. The side-by-side valuation lives on our comparison of a funeral home with a cemetery vs. a standalone funeral home.

Do you actually own the cemetery you plan to sell?

Check this first. Many cemeteries next to family funeral homes legally belong to a nonprofit association, a church, a town, or a separate family entity, and the funeral home only manages them or sells their spaces.

You cannot sell what the business does not own. A management agreement with a nonprofit cemetery can sometimes be assigned, but that is a contract, not an asset, and it can usually be ended. Pull the deed, the cemetery’s formation documents, and any operating agreement before you talk to a buyer.

Some states ban combinations outright. New York’s Not-for-Profit Corporation Law § 1506-a bars a cemetery corporation from selling or leasing property to a funeral entity, commingling funds with one, letting one control its affairs, or cross-marketing with one. Wisconsin is reported to have a similar rule. Where combinations are allowed, ownership may still be limited to certain entity types. Rules vary by state.

How do buyers review the perpetual care fund?

They test two things: whether every deposit the law required was made, and whether the fund’s income actually covers what maintenance costs.

Definition

Perpetual care fund: A trust, also called an endowment care or permanent maintenance fund, that receives a legally required share of each interment-right sale and whose principal is held to generate income for maintaining the cemetery permanently.

The deposit rate is set by state law, and it differs widely:

Examples of state perpetual care deposit rules (confirm current law with your regulator)
StateRequired depositSource
OhioAt least 10% of gross sales of burial lots and burial, entombment, or columbarium rights, within 30 days after the month the full price is receivedOhio Rev. Code § 1721.21
TexasGreater of $1.75 per square foot or 15% of the ground price; set amounts or percentages for crypts and nichesTex. Health & Safety Code § 712.028
Kansas15% of the lot price (minimum $25); 10% per community mausoleum crypt; 5% per garden crypt or nicheK.S.A. 17-1301c
CaliforniaGreater of 10% of net price or a per-space minimum ($250 per grave or crypt, $150 per niche)Cal. Health & Safety Code § 8738

Ohio’s endowment care statute and the Texas perpetual care chapter are typical in requiring deposits on a schedule. The principal is protected. Kansas law says the fund’s “primary purpose” is “to maintain the corpus,” and only income may go to the cemetery. SCI describes the same model: it withdraws “allowable cash when we incur qualifying cemetery maintenance costs.”

Worked example: when fund income does not cover the mowing (illustrative)

All figures are made up for illustration.

  • Interment-right sales of $180,000 a year at a 10% deposit rate require $18,000 a year into the fund.
  • The fund holds $1,200,000. At an assumed 4% distributable income, it pays out $48,000 a year.
  • Actual maintenance (grounds crew, mowing, roads, trees) costs $95,000 a year.

Gap paid by operations: $95,000 − $48,000 = $47,000 a year.

A buyer will treat that $47,000 as a permanent operating cost in its earnings model. If a deposit audit also finds missed deposits, the buyer will ask for those to be funded at closing.

Seller preparation is a deposit reconciliation: sales by year, times the required rate, compared with the deposits shown on trustee statements. Find any gap before a buyer does. Our definition of a perpetual care fund covers how the fund works in more detail.

How should you document interment rights inventory?

Build a space-level inventory that a buyer can tie to your maps and sales records. The goal is one number buyers care about: how many years of sales remain before you must develop new ground.

  1. Count used spaces. Every interment, entombment, and inurnment from the interment register, by section.
  2. Count sold but unused spaces. Interment rights owned by families who have not yet needed them. These are permanent obligations.
  3. Count unsold developed spaces. Ready-to-sell graves, crypts, and niches, by type and price tier.
  4. Measure undeveloped acreage. Land you own that would need surveying, roads, and drainage before any sale.
  5. Compute years of inventory. Unsold developed spaces divided by average annual sales of that type. For example, 1,400 graves ÷ 70 sold a year = 20 years.

Large operators track this closely. SCI reported about 36,000 cemetery acres at the end of 2025, roughly 66% developed, with interment rights unsold on about 2,000 developed acres. A small cemetery with three years of graves left carries a development bill the buyer will price in.

What about preneed cemetery property and merchandise?

Treat it like funeral preneed: list every contract, tie it to funding, and re-price what is still owed. Sold interment rights are honored forever, and prepaid markers, vaults, and opening and closing fees must be delivered at today’s cost.

Trusting rules for cemetery merchandise and services are set by each state and are often lower than funeral preneed rates. Illinois’s Comptroller guide, for example, lists 85% for outer burial containers and 50% for other cemetery goods and services. The reconciliation method is the same one we use in preneed and the sale of your funeral home.

Why do burial records and maps matter so much?

Your records are the inventory. A buyer cannot price what it cannot locate, and errors such as double-sold spaces or unmarked burials become legal claims after closing.

Cemetery records a buyer will ask to see

  • Section maps, ideally digitized, with every space numbered and its status shown
  • Lot cards or the database behind them, tied to the maps
  • Certificates or deeds of interment rights issued to families
  • The interment register, cross-checked against the map
  • A list of known errors, such as double sales or unmarked burials, and how each was resolved
  • A recent survey of developed sections, and of any acreage planned for development
  • Perpetual care trust agreement, trustee statements, and deposit records for at least three years

Put all of it in one indexed folder, following our funeral home data-room index.

What regulatory approvals does a cemetery sale need?

Usually a separate approval from the cemetery regulator, which may be a different agency from the funeral board. Some states require that approval before control can change hands.

Florida Statute § 497.264 says a cemetery license “is not transferable or assignable,” and a buyer must “first apply to the licensing authority and obtain approval” of the purchase. Under the Texas chapter, a voluntary transfer requires notice within seven days. A new owner acquiring more than 50% must hold a certificate of authority before the perpetual care fund can transfer. Kansas requires the Secretary of State’s written approval before the trust instrument is transferred.

Georgia adds a proof step. Our state research found that a new owner of a cemetery or preneed dealer must register before operating and must show the seller owes nothing to the escrow or perpetual care accounts, using items such as an accountant’s report, balance confirmations as of closing, and trustee statements. A seller who has already run the deposit reconciliation described above can produce that package in days instead of weeks.

Put both regulatory tracks on the deal calendar. The approval with the longest lead time sets your closing date.

Should the cemetery be sold with the funeral home or separately?

Sell them together when combination benefits are real and the records are clean. Consider separate sales when one side has a buyer who values it more.

Some buyers want only one side. An operator that runs cemeteries may value your grounds more than a funeral-focused buyer would; see our profile of the cemetery operator as buyer. The trade-offs of splitting are covered in selling the funeral home but keeping the cemetery. For the full sale process, start with our owner’s guide to selling.

Frequently asked questions

Is a funeral home with a cemetery worth more than one without?

Often, because shared staff and facilities can lift margins and families can buy everything in one place. But the cemetery also brings a permanent maintenance duty and record risk. Whether the combination adds or subtracts value depends on fund health, remaining inventory, and records. Our comparison page lays out the numbers.

Can the buyer use the perpetual care fund to pay for the deal?

No. Perpetual care money is held in trust for maintaining the cemetery, and state law generally limits withdrawals to income or allowed distributions. Kansas, for example, requires the Secretary of State's written approval before the trust instrument can be transferred or amended. The fund passes with the cemetery; it is not purchase price.

What happens if the old records show a space sold twice?

It becomes a liability the buyer will want you to fix, disclose, or cover with an indemnity. Double sales and unmarked burials are common in older cemeteries. Finding and resolving them before marketing, with a survey and a corrected map, costs far less than having a buyer find them.

Can I sell the funeral home and keep the cemetery?

In many states you can, though the buyer may lose combination benefits and ask for a lower price or a cooperation agreement. Some states bar common ownership altogether. New York, for example, prohibits cemetery corporations from being controlled by or sharing funds with a funeral entity. Check your state first.

How long does a cemetery approval take?

It varies by state and by how complete the application is. Build the approval into the time between the LOI and closing, and file early. Texas, for example, requires notice within seven days of a voluntary transfer agreement, and the fund cannot move until a certificate is issued to a new owner.

Sources cited

  1. Service Corporation International FY2025 Form 10-K — U.S. Securities and Exchange Commission
  2. N.Y. Not-for-Profit Corporation Law § 1506-A, Cemetery corporations restrictions — New York Laws (Public.Law reproduction)
  3. Ohio Revised Code § 1721.21, Endowment care trust — Ohio Legislative Service Commission
  4. Texas Health and Safety Code Chapter 712, Perpetual Care Cemeteries — Texas Legislature
  5. K.S.A. 17-1311, Permanent maintenance fund — Kansas Office of Revisor of Statutes
  6. Fla. Stat. § 497.264, License not assignable or transferable — The Florida Senate
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