Section 7100.1 Of Chapter 3. Custody, And Duty Of Interment From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.
7100.1
. (a) A decedent, prior to death, may direct, in writing, the
disposition of his or her remains and specify funeral goods and
services to be provided. Unless there is a statement to the contrary
that is signed and dated by the decedent, the directions may not be
altered, changed, or otherwise amended in any material way, except as
may be required by law, and shall be faithfully carried out upon his
or her death, provided both of the following requirements are met:
(1) the directions set forth clearly and completely the final wishes
of the decedent in sufficient detail so as to preclude any material
ambiguity with regard to the instructions; and, (2) arrangements for
payment through trusts, insurance, commitments by others, or any
other effective and binding means, have been made, so as to preclude
the payment of any funds by the survivor or survivors of the deceased
that might otherwise retain the right to control the disposition.
(b) In the event arrangements for only one of either the cost of
interment or the cost of the funeral goods and services are made
pursuant to this section, the remaining wishes of the decedent shall
be carried out only to the extent that the decedent has sufficient
assets to do so, unless the person or persons that otherwise have the
right to control the disposition and arrange for funeral goods and
services agree to assume the cost. All other provisions of the
directions shall be carried out.
(c) If the directions are contained in a will, they shall be
immediately carried out, regardless of the validity of the will in
other respects or of the fact that the will may not be offered for or
admitted to probate until a later date.