Code Section Group

Health and Safety Code - HSC

DIVISION 7. DEAD BODIES [7000 - 8030]

  ( Division 7 enacted by Stats. 1939, Ch. 60. )


  ( Part 2 enacted by Stats. 1939, Ch. 60. )

CHAPTER 1. General Provisions [7500 - 7528]

  ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

ARTICLE 2. Consent to Removal [7525 - 7528]
  ( Article 2 enacted by Stats. 1939, Ch. 60. )


The remains of a deceased person may be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of one of the following in the order named:

(a)  The surviving spouse.

(b)  The surviving children.

(c)  The surviving parents.

(d)  The surviving brothers or sisters.

(Enacted by Stats. 1939, Ch. 60.)


If the required consent can not be obtained, permission by the superior court of the county where the cemetery is situated is sufficient.

(Enacted by Stats. 1939, Ch. 60.)


Notice of application to the court for such permission shall be given, at least ten days prior thereto, personally, or at least fifteen days prior thereto if by mail, to the cemetery authority and to the persons not consenting, and to every other person or association on whom service of notice may be required by the court.

(Enacted by Stats. 1939, Ch. 60.)


This article does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal of remains by a cemetery authority from a plot for which the purchase price is past due and unpaid, to some other suitable place; nor does it apply to the disinterment of remains upon order of court or coroner.

(Enacted by Stats. 1939, Ch. 60.)

HSCHealth and Safety Code - HSC2.