Funeral and Burial Laws in California
Funeral and Burial Laws in California
California law gives families several options for handling the deceased's remains, including burial, cremation, alkaline hydrolysis (aquamation), and body donation. But there are specific rules about who has legal authority to make decisions, cremation timing, and where remains can be placed. This guide covers every major rule so you can make informed choices.
Who Has the Right to Control Disposition
Cal. Health and Safety Code Section 7100 establishes a priority list for who has the legal authority to direct the disposition of a body. The person highest on the list who is available and willing to act has control:
| Priority | Person |
|---|---|
| 1 | Agent under a power of attorney for health care (with authority for disposition) |
| 2 | Surviving spouse or registered domestic partner |
| 3 | Sole surviving adult child, or majority of surviving adult children |
| 4 | Surviving parent(s) |
| 5 | Sole surviving adult sibling, or majority of surviving adult siblings |
| 6 | Surviving adult person(s) in the next degree of kinship (majority if multiple) |
| 7 | Conservator of the person |
| 8 | Conservator of the estate |
| 9 | Public administrator (if decedent has sufficient assets) |
Criminal charges exception: If a person in the priority order is charged with murder or voluntary manslaughter of the decedent, that person's rights pass to the next person in line. Rights are restored if charges are dropped or the person is acquitted.
Funeral director authority: If none of the listed persons exists or can be located after reasonable efforts, and the public administrator does not assume responsibility within 7 days, the funeral director gains authority over disposition.
Key detail: If you want a specific person to handle your arrangements, designate them as your agent with disposition authority in your advance health care directive. Without that document, the statutory list controls.
Cross-reference: If you are planning ahead, see our End-of-Life Planning Checklist for California Residents for the full set of documents you need.
Burial Rules in California
Cemetery Burial
Under Cal. Health and Safety Code Section 7054, human remains must be interred in a cemetery unless another lawful method of disposition is used. Depositing or disposing of human remains outside a cemetery is a misdemeanor.
A burial permit (Permit for Disposition of Human Remains) must be obtained from the local registrar before burial (Cal. Health and Safety Code Section 103050).
Home Burial
California law requires that human remains be deposited in a cemetery (Cal. Health and Safety Code Section 7054). Home burial on private property is generally not permitted under state law unless the property is established as a private cemetery that meets all local zoning and health regulations. This is a significant difference from states like Texas, which allow home burial with fewer restrictions.
Burial Timeline
There is no mandatory statewide waiting period before burial in California, unlike cremation. However, the death certificate must be completed and a burial permit issued before disposition can proceed, which practically requires at least 24 to 48 hours.
Cremation Laws in California
48-Hour Waiting Period
No cremation may take place until at least 48 hours after the time of death, unless a specific exception applies (such as a court order or public health authority directive).
Authorization Requirements
Written authorization from the person with disposition authority (per Health and Safety Code Section 7100) is required before cremation can proceed (Cal. Bus. and Prof. Code Section 7685.2). The authorization must include:
- Identification of the decedent
- Acknowledgment that cremation is irreversible
- Instructions for handling the cremated remains
Coroner Clearance
If the death falls under the coroner's jurisdiction (Cal. Gov. Code Section 27491), the coroner must authorize the cremation before it can proceed.
Cremation Regulations
- Only one set of remains may be cremated at a time per chamber, unless written permission is obtained from the person with disposition authority (Cal. Health and Safety Code Section 7054.7)
- Crematories must be licensed by the Cemetery and Funeral Bureau (Cal. Bus. and Prof. Code Section 7712)
- A licensed crematory manager must be present during cremation operations
- Records must be maintained for each cremation
Embalming Not Required for Cremation
California law does not require embalming before cremation. No funeral provider may represent that embalming is required by law when it is not (Cal. Bus. and Prof. Code Section 7685.2).
Green Burial
Green burial (natural burial without embalming, using biodegradable containers) is legal in California.
Key points:
- Embalming is not required by California state law for any burial
- No state law requires a casket for burial. Some cemeteries may have their own rules.
- Several California cemeteries offer dedicated green burial sections
- A body buried without embalming or a vault decomposes naturally, which is the purpose of green burial
Green burial is the most environmentally minimal option, avoiding the chemicals of embalming and the materials of traditional caskets and vaults.
Alkaline Hydrolysis (Aquamation)
Alkaline hydrolysis has been legal in California since 2020 (Cal. Bus. and Prof. Code Sections 7639-7639.19). This makes California more progressive than many states on this option.
Key facts:
- Hydrolysis facilities must be licensed by the Cemetery and Funeral Bureau
- Written contracts with families are required
- Hydrolyzed remains may be scattered, interred, or kept by the person with disposition authority, following the same rules as cremated remains (Cal. Health and Safety Code Sections 7054.6, 7116, 7117)
Natural Organic Reduction (Human Composting)
Natural organic reduction was authorized by AB 351 (signed September 18, 2022), with an effective date of January 1, 2027. As of April 2026, NOR is not yet legal in California.
When it becomes operative in 2027:
- NOR facilities will be licensed by the Cemetery and Funeral Bureau (Cal. Bus. and Prof. Code Sections 7714-7714.7)
- Written contracts must specify disposition options for the reduced remains
- Facilities must maintain records for 10 years
Scattering Ashes
On Land (Cal. Health and Safety Code Section 7116)
Cremated, hydrolyzed, or reduced remains may be scattered on land where:
- No local ordinance prohibits it
- The remains are not distinguishable to the public
- The remains are removed from any container
- Written permission is obtained from the property owner or governing agency
At Sea (Cal. Health and Safety Code Section 7117)
Remains may be scattered at sea, subject to:
- Federal EPA regulations (40 CFR Part 229.1) requiring at least 3 nautical miles from shore
- Boats used for scattering must be registered with the DMV or documented by a federal agency
On Private Property
Cremated, hydrolyzed, or reduced remains may be kept on real property owned or occupied by the person with disposition authority (Cal. Health and Safety Code Section 7054.6).
Cremated Remains Disposer Registration
Anyone who scatters more than 10 sets of human remains per calendar year must register as a cremated remains disposer with the Cemetery and Funeral Bureau.
Embalming Rules
California does not require embalming in any circumstance.
- No requirement for burial: Embalming is not required before burial
- No requirement for cremation: Embalming is not required before cremation
- No requirement for viewing: Not legally required, though individual funeral homes may have policies
- Consumer consent required: Embalming may not be performed without the express consent of the person with disposition authority
- Misrepresentation prohibited: Funeral establishments may not make false claims about the preservative or protective qualities of embalming or caskets (Cal. Bus. and Prof. Code Section 7685.2)
If embalming is declined and the body is not immediately cremated or buried, the funeral establishment may require refrigeration.
Body Donation
California adopted the Revised Uniform Anatomical Gift Act under Cal. Health and Safety Code Sections 7150-7150.90.
Key facts:
- Any adult may make an anatomical gift for transplantation, therapy, research, or education
- A gift may be made via driver's license/ID designation, the Donate Life California Organ and Tissue Donor Registry, a signed record, or other documented authorization
- If the donor did not make a gift during their lifetime, others may authorize it after death following the disposition authority hierarchy
- Hospitals must make a reasonable search for donor designation when a patient dies
Consumer Rights and Pricing
The FTC Funeral Rule
The FTC Funeral Rule (16 CFR Part 453) applies to all funeral homes in California:
- General Price List (GPL): Must be offered to anyone who inquires in person
- Casket Price List: Must be shown before caskets are shown
- Telephone price disclosure: Must give prices over the phone to anyone who calls
- Third-party merchandise: Cannot refuse to handle a casket or urn purchased elsewhere and cannot charge a handling fee
California Goes Beyond the FTC Rule
The Cemetery and Funeral Bureau (CFB) enforces California-specific protections under Cal. Bus. and Prof. Code Sections 7600-7746:
- Internet GPL posting required (Cal. Bus. and Prof. Code Section 7685.1). Licensed funeral establishments with websites must post their GPL prominently.
- No casket handling fees (Section 7685.2)
- No contagious disease fees (Section 7685.2)
- Broader licensing requirements for crematories, hydrolysis facilities, and reduction facilities
- Pre-need contract trust requirements (Sections 7735-7746)
Filing a Complaint
If you believe a funeral home has violated your rights, contact:
Cemetery and Funeral Bureau Phone: (916) 574-7870 Website: cfb.ca.gov
You can also file a complaint with the FTC at ftc.gov/complaint.
Criminal Penalties
Licensed funeral professionals who violate disposal laws face enhanced penalties: imprisonment up to one year, fine up to $10,000, or both (Cal. Health and Safety Code Section 7054).
Transporting a Body
Within California and Across State Lines
Transport of human remains across state lines requires a transit permit issued by the local registrar (Cal. Health and Safety Code Section 103055). Cremated remains may generally be transported without a special permit, but airlines may have their own policies.
International Transport
Requires a transit permit from the local registrar, may require consular documentation from the destination country, and remains must typically be embalmed and placed in a hermetically sealed casket for international air transport.
Frequently Asked Questions
Can I be buried on my own property in California?
Generally no. Cal. Health and Safety Code Section 7054 requires human remains to be deposited in a cemetery. Home burial on private property is not permitted unless the property is established as a private cemetery meeting zoning and health regulations.
Is embalming required in California?
No. California does not require embalming under any circumstances. If you plan a viewing, embalming or refrigeration is practical but not legally mandated.
Can I scatter ashes anywhere in California?
You can scatter ashes on land where no local ordinance prohibits it, at sea at least 3 nautical miles from shore, and on private property with the owner's consent. Remains must not be distinguishable to the public and must be removed from any container.
Is aquamation available in California?
Yes. Alkaline hydrolysis has been legal in California since 2020. Facilities must be licensed by the Cemetery and Funeral Bureau.
Is human composting available in California?
Not yet. AB 351 authorized natural organic reduction with an effective date of January 1, 2027. As of April 2026, it is not yet operational.
How long do I have to wait before cremation?
California requires a 48-hour waiting period after death before cremation can proceed.
What to Do Next
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
You may also find these guides helpful:
- California Funeral Cost Guide - what things actually cost and how to compare prices
- End-of-Life Planning Checklist for California Residents - get your documents in order now
Disclaimer: This article provides general legal information about California funeral and burial laws. It is not legal advice. Laws change, and local ordinances may impose additional requirements. Consult a licensed attorney or your county clerk for guidance specific to your situation.
Sources: Cal. Health and Safety Code Sections 7054, 7054.6, 7054.7, 7100, 7116, 7117, 7150-7150.90; Cal. Bus. and Prof. Code Sections 7600-7746, 7639-7639.19, 7685-7685.2, 7712-7713.4, 7714-7714.7; Cal. Gov. Code Section 27491; AB 351 (Natural Organic Reduction); EPA regulations 40 CFR 229.1.