Can someone withhold ashes?

The surviving relatives or the Executor can only have a right to custody of the body or the ashes but this does not mean that the person "owns" them. This also means that they have a moral duty to make the funeral arrangements.

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Consent or Authorization to Cremate Remains

Santa Clara California Consent or Authorization to Cremate Remains

Name: Santa Clara California Consent or Authorization to Cremate Remains
Brand: US Legal Forms
Rating: 4.76 (484 reviews)

Category:

Consents and Permissions - Cremations

State:

Multi-State

County:

Santa Clara

Control #:

US-02078BG

Format:

Instant download

Description

Cremation is a form of disposition in which a body is introduced to intense heat and flame in a cremation chamber. Cremation removes all traces of embalming fluid and kills all pathogens. Once the actual cremation process has been completed, all remaining items, such as metal from clothing or jewelry, or items from prior surgeries are separated and the remaining fragments are processed into a consistent size.

Every state has its own laws concerning cremation. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Burial Permits are required by California law prior to the disposition of human remains such as burial, cremation, or scattering of cremated remains. Permits may be obtained through any California licensed funeral establishment or by applying in person at our office.

A burial/cremation permit must be issued by the county health department. The funeral establishment usually arranges to obtain this permit as part of its services. A casket is not required for cremation by California law, but a combustible cremation container, also known as an alternative container, is.

You are free to scatter ashes anywhere on your own private property, but if someone else owns the land, you need to ask permission first. Either written or verbal permission is fine, but it may be a good idea to have a record of the agreement. If the property owner says no, find another location.

Ashes are usually passed on to the funeral director after the cremation for collection. If you have not employed the services of a funeral director, you'll usually have up to 6 weeks to collect the ashes before being charged.

All or a majority of the surviving niece(s) and nephew(s) All or a majority of the surviving next of kin of closest degree of decedent as defined in California Probate Code 64000 et.

Many people now prefer to scatter the ashes of their loved one in a location that meant something to them. While there are no national laws restricting the scattering of ashes of the deceased over land, you would need the permission of landowners if you're considering scattering them on private land.

Who has the right to possess cremation ashes? The right to possess the ashes is likely to be the executor, or whoever was at the charge of the funeral or basically the person who signed the contract with the funeral director.

The cremation process will take 10-15 business days. This time frame excludes weekends and holidays and can NOT be expedited. The doctor by state law has 72 hours (three days) to sign and return the death certificate. Then the medical examiner is notified and can take up to 48 hours (two days) to approve the cremation.

The surviving relatives or the Executor can only have a right to custody of the body or the ashes but this does not mean that the person "owns" them. This also means that they have a moral duty to make the funeral arrangements.

California law does not prohibit the person authorizing the cremation from viewing the cremation process, and some facilities may be able to accommodate more than one family member. Crematories that do not allow viewing of the cremation process must disclose that fact in writing prior to signing any contract.

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A cremation authorization form is one of the most important forms needed in order for cremation to take place.

Santa Clara California Consent or Authorization to Cremate Remains

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