What Are the Burial and Cremation Laws in California?

California imposes no statutory minimum waiting periodCal. Health & Safety Code § 7111Verified Oct 17, 2026View source before cremation. Written authorization from the person with the right to control disposition (§§ 7100, 7111), and a disposition permit from the local registrar, issued once the death certificate is filed (§§ 102775, 103050, 103055).

California sets an order for who controls the disposition of remains: competent surviving spouse, then sole surviving competent adult child, or majority of surviving competent adult children, then surviving competent parent or parentsCal. Health & Safety Code § 7100(a)Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceCal. Health & Safety Code § 7100.1Verified Oct 17, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.

Embalming is not required by lawCal. Health & Safety Code § 7054Verified Oct 17, 2026View source in California. Embalming is not required by state law, and an embalmer needs permission from the person with the right to control disposition unless embalming is needed to comply with law or to prevent deterioration of the body (§ 7304). A funeral establishment or funeral director holding an unembalmed body longer than 24 hours must have it refrigerated (16 CCR § 1223(c)). A funeral provider may not claim that state or local law requires embalming when it does not (16 CFR 453.3(a)).

In California, a licensed funeral director is not required — a family may legally direct the disposition itselfCal. Health & Safety Code § 7100Verified Oct 17, 2026View source. California does not require a licensed funeral director: the death certificate may be prepared and registered by "a funeral director, or person acting in lieu thereof" (§ 102780), and the disposition permit endorsed by the person acting as funeral director (§ 103080(a)).