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DIVISION 7. DEAD BODIES 7000-8030›PART 2. DISINTERMENT AND REMOVAL 7500-8030›CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 7700-8005›ARTICLE 5. Removals by Relatives or Friends 7800-7805

§ 7801

California Health and Safety Code · 2018-11 edition · updated 2026-10-04 · California

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.)

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