California Health and Safety Code Section 7100 sets the legal order of who may decide what happens to a deceased person’s body, and who is financially responsible for carrying out those decisions. The highest-ranking available person on the statutory list controls the arrangements, unless the deceased left written instructions that meet the law’s requirements, in which case those instructions override the list.
Who Has Authority, in Order
When someone dies in California without qualifying written directions, the right to control disposition of the remains passes down this ranked list until it lands on a person who is competent, available, and willing to act:1California Legislative Information. California Health and Safety Code 7100
- An agent under a health care power of attorney, but only if the power of attorney specifically grants authority over disposition of remains under Division 4.7 of the Probate Code.
- The competent surviving spouse.
- The competent adult children. One child decides alone; if there are several, a majority controls.
- The competent surviving parent or parents. If one parent cannot be located after reasonable efforts, the other can act alone.
- The competent adult siblings, with the same majority rule as adult children.
- The next degrees of kinship, such as grandparents, grandchildren, aunts, and uncles, again by majority at the same level.
- A conservator of the estate appointed under the Probate Code.
- The public administrator of the county.
Anyone charged with the deceased’s murder is disqualified, and the right passes to the next person on the list.1California Legislative Information. California Health and Safety Code 7100
When You Can’t Get a Majority
Adult children, siblings, and more distant kin at the same level normally need a majority to act. The statute includes a safety valve for the common situation where some relatives are unreachable or simply won’t respond. A person at that level can proceed with arrangements if they made reasonable efforts to notify all the others and are not aware of any opposition from the majority.1California Legislative Information. California Health and Safety Code 7100 Waiting for unanimous agreement is not required, and a single uncooperative sibling cannot block the process by going silent.
Written Instructions Override the List
A person can bypass the entire priority ranking by leaving written directions. The directions can appear in a will, a separate written document, or any written form, but they are binding only if two conditions are met:
- The directions are specific enough to leave no real ambiguity about what the person wanted.
- Arrangements to pay for those wishes are already in place, through a trust, insurance, a commitment from another person, or some other binding financial mechanism.
Once both conditions are satisfied, surviving relatives cannot meaningfully alter the instructions unless the deceased signed and dated a statement allowing changes.2California Legislative Information. California Health and Safety Code 7100.1
The payment requirement exists so that family members are not forced to foot the bill for arrangements they did not choose. If the deceased funded only part of their wishes, the funded portions must be carried out, and the unfunded portions are honored only if the estate can cover them or the people who would otherwise control disposition agree to pay.2California Legislative Information. California Health and Safety Code 7100.1
Directions contained in a will take effect immediately on death. There is no need to wait for probate, and it does not matter whether the will is ever formally admitted. The funeral home or cemetery should carry out the instructions right away.2California Legislative Information. California Health and Safety Code 7100.1
How Long Each Person Has to Act
Authority does not sit with the top-ranked person indefinitely. Health and Safety Code Section 7105 sets strict deadlines, and failing to act or delegate within the window passes the right to the next level:3California Legislative Information. California Health and Safety Code 7105
- A surviving spouse has 10 days to act or delegate.
- Everyone else on the list, including the agent, adult children, parents, siblings, next of kin, conservator, and public administrator, has 7 days.
The same deadlines apply when the priority holder cannot be found. If reasonable efforts to locate that person fail within the window, authority moves down automatically. The extra three days for a spouse is modest, and even 10 days is a short period in which to make irrevocable decisions.
When Equal-Priority Relatives Disagree
Disputes at the same level, most often among adult children or siblings, have a formal resolution path. If the group cannot reach a decision within seven days, any person with an equal right to control, or the funeral home or cemetery holding the remains, may petition the superior court in the county where the deceased lived or where the remains are located. Everyone with an equal claim must be named as a party.3California Legislative Information. California Health and Safety Code 7105
The court decides who gets control and names an alternate in case that person fails to follow through within seven days. Court involvement adds cost and delay, which is why the less-than-majority rule above matters. If one relative can show reasonable notification efforts and no known opposition, a petition is often unnecessary.
Financial Liability Comes With the Right
Every person on the priority list who takes control also takes on financial liability for the reasonable cost of the arrangements, not just the authority to make decisions.1California Legislative Information. California Health and Safety Code 7100 A health care agent is treated differently: the agent is not automatically liable for costs, and becomes financially responsible only if they specifically agreed to pay, or if they made decisions that incurred costs the estate cannot cover.
If the deceased had an estate going through probate, reasonable funeral costs rank third in the statutory payment priority, ahead of credit card debt, medical bills, and most other obligations.4California Legislative Information. California Probate Code 11420 A relative who pays out of pocket can seek reimbursement from the estate for reasonable amounts.
When No One on the List Is Available
If nobody from priorities one through eight exists or can be found after a reasonable search, the funeral home or cemetery may take over, handle the remains, and recover its usual charges. The statute requires one more step first: the public administrator must receive written notice and then fail to take responsibility within seven days. Notice may be delivered by hand, mail, fax, or telegraph. A funeral home cannot skip to this step merely because relatives are slow to respond.1California Legislative Information. California Health and Safety Code 7100