Funeral and burial laws in California

• No state requires embalming in every case. Federal law, the FTC Funeral Rule, forbids a funeral home from telling you it does.
• No state law requires a casket for cremation, and the funeral home must offer an alternative container. Vault requirements come from cemeteries, not statutes.
• Checked against the sources at the bottom of this page on 2026-09-07. Laws change. Confirm any hour threshold with the funeral home or the state board before relying on it.

Is embalming required in California?

Not required except for common-carrier transport. Health & Safety Code § 7355 requires a body shipped by common carrier to be embalmed by a licensed embalmer and placed in a sound casket inside a transportation case, or if it cannot be embalmed, placed in an airtight metal casket in a strong transportation case (or sound casket in an airtight metal-lined case). Licensed funeral establishments and directors holding unembalmed remains longer than 24 hours must refrigerate them at an approved facility (16 CCR § 1223(c)); this licensee rule does not bind families handling a death themselves. Embalming requires permission of the person with the right to control disposition (§ 7304).

How long can you wait before burial or cremation in California?

No statutory deadline for final disposition by families. Licensees must refrigerate unembalmed remains held beyond 24 hours (16 CCR § 1223(c)). Death must be registered within 8 calendar days and before disposition (§ 102775).

Can you bury someone on private land in California?

Effectively prohibited. Health & Safety Code § 7054 makes it a misdemeanor to deposit or dispose of human remains 'in any place, except in a cemetery' (cremated remains excepted), with licensees facing up to one year in jail and $10,000. The only path is to establish a lawful cemetery, a power resting with city or county authorities (§ 8115), possible in some rural areas with local approval.

Even where state law allows it, the county or town usually has the last word through zoning, and a burial on private land should be recorded against the deed so a future buyer knows. A family burial ground can also complicate a later sale.

Can the family handle it without a funeral director?

Yes. No California law requires a licensed funeral director. Health & Safety Code § 102780 provides 'a funeral director, or person acting in lieu thereof, shall prepare the certificate and register it with the local registrar,' and § 103050 requires only a filed death certificate and a permit for disposition before disposing of remains; after obtaining the permit the family may transport the body. Some crematories privately require a funeral director.

Death certificate and permits in California

Filing the death certificate

Registered with the local registrar of the district where death was pronounced or the body found within 8 calendar days after death and prior to any disposition (Health & Safety Code § 102775); prepared and registered by the funeral director or person acting in lieu thereof (§ 102780); attending physician or nurse practitioner completes medical certification within 15 hours (§ 102800).

Burial or transit permit

A permit for disposition is required before any disposition (Health & Safety Code § 103050). The local registrar issues it once the death certificate is complete, specifying the cemetery, burial at sea, scattering location or storage location (§ 103055); not issued for deaths from dangerous communicable disease except under state department conditions. A family member acting in lieu of a funeral director may obtain it. The same permit covers cremation and later scattering.

Cremation waiting period in California

No statutory waiting period. The permit for disposition serves as the cremation permit and no additional permit is required. Authorization comes from the person with the right to control disposition under § 7100 (written instructions, health-care agent, spouse/domestic partner, adult children, parents, siblings, then others); in coroner cases the coroner holds custody until the investigation is complete (§ 7102).

Caskets and vaults

No law requires a casket or vault for burial or cremation; a casket is required only for common-carrier shipment (§ 7355). Vault requirements are cemetery policy.

Scattering ashes in California

Strictest in the nation. Cremated remains may be scattered where no local prohibition exists if not distinguishable to the public, removed from the container, and with written permission of the property owner or governing agency (Health & Safety Code § 7116). Scattering at sea must be at least 500 yards from shore (includes inland navigable waters but not lakes or streams) with a verified statement filed with the local registrar within 10 days (§ 7117). Keeping remains at home requires a permit for disposition and a durable container (§ 7054.6). Disposal outside these rules is a misdemeanor (§ 7054). Federal EPA 3-nautical-mile rule also applies.

At sea, federal rules apply everywhere. The EPA allows scattering at least three nautical miles from shore and asks for a report within 30 days. Inland waters follow the state.

Your rights under the FTC Funeral Rule, in every state

Whatever California adds, federal law requires any funeral home to give you an itemised price list before you agree to anything, to quote prices over the phone if you ask, to let you buy only the items you want rather than a package, and to accept a casket or urn bought elsewhere without a handling fee. It also forbids claiming that embalming, a casket for cremation, or a vault is required by law when it is not.

Other states

• Alabama
• Alaska
• Arizona
• Arkansas
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming