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HomeHealth and Safety CodeDiv. 7Pt. 2Ch. 4Art. 5§ 7801 Removing Cemetery Remains Requirements

§ 7801 Removing Cemetery Remains Requirements

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7801 Removing Cemetery Remains Requirements

Key Takeaways

  • •You need to tell the cemetery who you want to move and when they were buried.
  • •If you're not family, you need most of the family's okay to move the body.
  • •The cemetery will check your papers before they let you move the body.

Example

Your grandma is buried in a cemetery, and your family wants to move her to a new grave.

You have to tell the cemetery your grandma's name and when she was buried. If you're not her kid or grandkid, you need most of the family to agree in writing before the cemetery will let you move her.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7801 Removing Cemetery Remains Requirements

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 he desires to remove, the removal shall not be made by him until he 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 article, 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. (Enacted by Stats. 1939, Ch. 60.)

Last verified: January 24, 2026

Key Terms

authoritymajoritystatementinformationresidenceevidence

Related Statutes

  • § 7803 Heir Removal Of Remains
  • § 34356 Bond Signature Validity Rules
  • § 108350 Federal Regulation Objections Process
  • § 114093 Raw Food Risk Disclosure
  • § 116470 Annual Water Quality Reports

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 7801.
View Official Source