Articles and Advice

California Cremation Laws [What You Need To Know]

We know the last thing you want to think about after your loved one has passed are all the laws that control where and how they can finally be laid to rest. To help you out, we’re discussing all the cremation laws of California you should know.

Getting a Death Certificate

A death certificate is filed by a funeral home with the local registrar within eight days of the death and must be filed before the deceased is cremated. Once it is filed, you may request a copy of the death certificate which you may need to claim the various properties and benefits from the deceased, including life insurance proceeds and Social Security benefits.

To order copies of the death certificate, check with your funeral home or crematorium to see if they can assist. You can also visit the website of the California Department of Public Health. From there, you can send an electronic request (which takes up to three and a half weeks to process) or make a mail-in request (which takes up to four weeks to process).

Not just anyone can request a certified death certificate, which can be used to legally establish the identity of the deceased. To order a certified copy of a death certificate, you must meet one of the following criteria:

• Making this authorization for myself
• The Agent under a Durable Power of Attorney for Health Care
• The surviving spouse of the decedent
• The surviving Registered Domestic Partner of the decedent
• The surviving children (children - all or majority)
• The surviving parent (parents)
• All or a majority of the surviving sister(s) and brother(s)
• All or a majority of the surviving niece(s) and nephew(s)
• All or a majority of the surviving next of kin of closest degree of decedent as defined in California Probate Code 64000 et. seq. and California Health and Safety Code 7100.

You can visit the California Department of Public Health’s step-by-step guide to ordering death certificates for more information.

Arranging the Cremation

California law protects the deceased’s right to choose how they would like their body to be handled after death. The deceased may have left written instructions for how they are meant to be cremated or buried. If they did not leave written instructions, permission to arrange the disposition then falls to one of the following individuals:

• A person chosen by the deceased, before their death. In these situations, the chosen person would have to be on a Durable Power of Attorney for Healthcare or an Advance Health Care Directive which are left as written instructions. 
• A surviving competent spouse or registered domestic partner
• A surviving competent adult child, or a majority of the surviving competent adult children
• A surviving competent parent
• A surviving competent adult sibling, or a majority of the surviving competent adult siblings
• A surviving competent adult (or majority) in the next degree of kinship
• A conservator of the person and/or estate

For more information, you can check out the California Health and Safety Code

Preserving the Body

If the cremation does not occur within 24 hours of the body arriving at the crematory, California law requires the body to be refrigerated within 2 hours after a licensed crematory takes custody of the body.

Additionally, if the body is shipped by a common carrier (airplanes, trucks, trains, boats, etc.), the deceased must be embalmed or refrigerated. If neither of those is an option, the body must be sealed in an approved container.

Storing or Scattering Cremated Remains

While many may choose to scatter ashes wherever they please, you should still know the California cremation laws to avoid risking any fines.

Storing Ashes

You may store the cremated remains of your loved one by doing any of the following:

• Placing them at a columbarium or mausoleum
• Burying them on cemetery grounds
• Keeping the remains in your home
• Burying the remains on your private property
• Storing them at a church or other religious structure, if local zoning laws allow it

Scattering Ashes

If you choose to scatter the cremated remains, you may do so in any of the following places:

• Cemetery scattering gardens
• Any area of the state where there is no local prohibition
• The ocean, but it must be at least 500 yards from the nearest coastline
• On private property (such as sports stadiums), provided you have written permission from the owner
• Public land, such as state parks and beaches, provided that you have written permission from the local city or county office
• Federal land, such as national parks (most park websites will list areas of the park where it is ok to scatter ashes)

We’ll Guide You Through the Process

There are a lot of laws to think about when considering cremation, and it can be hard to remember them when you’re still grieving from the loss of your loved one. 

If you would like help understanding any of these laws, or need to know more about the cremation process, give us a call or send us a message. We’ll be happy to answer any of your questions so we can help alleviate any anxieties during this difficult time.