Each state has its own laws regarding end-of-life services. Here’s what you need to know about California cremation laws before you meet with a funeral director.
Of course, this is a brief overview of California law. For more information or to receive help with issues related to a loved one’s cremation, contact the Cemetery and Funeral Bureau, which is part of the Department of Consumer Affairs.
Who Can Authorize a Cremation
Here’s the order of who can authorize the disposition of a person’s remains.
- A person, before their death
- The individual’s health care power of attorney
- The surviving spouse or registered domestic partner
- The surviving adult child or the majority of the surviving adult children
- The surviving parent or parents
- The surviving adult sibling or the majority of the surviving adult siblings
- The surviving adult or the majority of the surviving adults in the next degree of kinship
Simultaneous Cremation
All cremations in California must be performed individually – unless a multiple cremation is authorized in writing. Even if the family of both parties authorized a simultaneous cremation, only a few crematories in California have this capability or will permit the practice.
Purchasing a Casket for Cremation
According to the laws of California, a casket is not required for cremation. However, cremations must be performed with a leak-resistant cremation container or alternative container.
Consumers do not have to buy the alternative container from the funeral establishment or crematory. But if you purchase one from another source, it does have to meet the crematory’s standards.
Required Cremation Forms
Written authorization is required before cremation can proceed. This authorization is given by the individual who has the right to control the disposition.
In addition, the Application and Permit for the Disposition of Human Remains must be issued by the local county health department. The funeral establishment or funeral director usually arranges this permit.
Requirements for the Post-Cremation Process
After the cremation, the remains are swept from the chamber and processed to a uniform size. The ashes or cremains are placed in a sturdy plastic bag sealed along with an identification disk. The bag is then placed in a container designed for cremated remains.
Requirements for the Disposition of Cremated Remains in California
You may choose any of the following methods of disposition for cremated remains:
- Placement in a columbarium or mausoleum.
- Burial in cemetery grounds.
- Retention at home – The funeral establishment or cremation provider will have you sign a Permit for Disposition indicating that the remains were released to you. This form will be filed with the local registrar. By signing the form, you agree not to remove the cremated remains from the container. You must also agree to arrange for the final disposition of the remains before or upon your death.
- Storing in a house of worship or religious shrine – if local zoning laws allow.
- Scattering in areas where no local prohibition exists. Scattering can only occur with the property owner’s or governing agency’s written permission.
- Scattering in a scattering garden.
- Scattering in the ocean, at least 500 yards from shore.
Please note that cremated remains may not be transported in California without a permit from the county health department. Additionally, cremation ashes may not be disposed of in a refuse container.
Do You Have Questions About Cremation in California?
For California direct cremation services, contact Smart Cremation. We are a simple, low-cost cremation provider and an alternative to traditional funeral establishments. However, we still perform the same cremation services as funeral homes – and can answer any questions you have about scattering ashes per California and federal law.
Contact your local funeral director or funeral home if your loved one wanted a traditional burial service. However, if you are looking for affordable cremation services in California, contact Smart Cremation when death occurs.
California Cremation Laws: Key Takeaways
- There are rules regarding who is authorized to make disposition arrangements following death.
- Few cremation providers are equipped to handle simultaneous cremations in California. This process is only completed with the proper authorization.
- A cremation casket must be used during the process. However, consumers don’t have to buy the specialized casket from the cremation provider.
- A person with authority must complete the proper forms before cremation can occur.
- Cremated remains must be appropriately identified.
- There are rules regarding the disposition of cremated remains in California.
