Public-domain · open source
OpenJurist

Cal. Health & Safety Code § 7104

Custody, and Duty of Interment

Applied in 3 court decisions — leading case 114 Cal. App. 4th 208 - Spates v. Dameron Hospital Ass'n (2003)

Most recently applied in 114 Cal. App. 4th 208 - Spates v. Dameron Hospital Ass'n (December 2003)

Amended by Stats. 1988, Ch. 1139, Sec. 2.

How often courts cite this section

19962000200310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) When no provision is made by the decedent, or where the estate is insufficient to provide for interment and the duty of interment does not devolve upon any other person residing in the state or if such person can not after reasonable diligence be found within the state the person who has custody of the remains may require the coroner of the county where the decedent resided at time of death to take possession of the remains and the coroner shall inter the remains in the manner provided for the interment of indigent dead.

(b) A county exercising jurisdiction over the death of an individual pursuant to Section 27491, or who assumes jurisdiction pursuant to Section 27491.55 of the Government Code, shall be responsible for the disposition of the remains of that decedent. If the decedent is an indigent, the costs associated with disposition of the remains shall be borne by the county exercising jurisdiction.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.