Section 7101 Of Chapter 3. Custody, And Duty Of Interment From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.
7101
. When any decedent leaves an estate in this state, the
reasonable cost of interment and an interment plot of sufficient size
to constitute a family plot and memorial including reasonable sums
for either, or both, general and special endowment care of the plot
proportionate to the value of the estate and in keeping with the
standard of living adopted by the decedent prior to his demise,
together with interest thereon from 60 days after the date of death,
shall be considered as a part of the funeral expenses of the decedent
and shall be paid as a preferred charge against his estate as
provided in the Probate Code.
Reasonable costs of funeral services, together with interest
thereon from 60 days after the date of death, shall be considered as
a part of the funeral expenses of the decedent and shall be paid as a
preferred charge against his estate as provided in the Probate Code.
If a claim for mortuary and funeral services, an interment plot or
memorial is rejected the burden of proving that the cost of the
funeral service, interment plot or memorial is disproportionate to
the value of the estate and the standard of living adopted by the
decedent while living shall be upon the executor or administrator
rejecting the claim. This chapter does not prohibit any relative or
friend of a decedent from assuming the duty or paying the expense of
interment or the funeral services.