Article 1. General Provisions of California Health And Safety Code >> Division 8. >> Part 3. >> Chapter 4. >> Article 1.
All plots conveyed to individuals are presumed to be the sole
and separate property of the owner named in the instrument of
The spouse of an owner of any plot containing more than one
interment space has a vested right of interment of his remains in the
plot and any person thereafter becoming the spouse of the owner has
a vested right of interment of his remains in the plot if more than
one interment space is unoccupied at the time the person becomes the
spouse of the owner.
No conveyance or other action of the owner without the
written consent or joinder of the spouse of the owner divests the
spouse of a vested right of interment, except that a final decree of
divorce between them terminates the vested right of interment unless
otherwise provided in the decree.
If no interment is made in an interment plot which has been
transferred by deed or certificate of ownership to an individual
owner, or if all remains previously interred are lawfully removed,
upon the death of the owner, unless he has disposed of the plot
either in his will by a specific devise or by a written declaration
filed and recorded in the office of the cemetery authority, the plot
descends to the heirs at law of the owner subject to the rights of
interment of the decedent and his surviving spouse.
Cemetery property passing to an individual by reason of the
death of the owner is exempt from all inheritance taxes.
An affidavit by a person having knowledge of the facts
setting forth the fact of the death of the owner and the name of the
person or persons entitled to the use of the plot pursuant to this
chapter, is complete authorization to the cemetery authority to
permit the use of the unoccupied portions of the plot by the person
entitled to the use of it.