San Bernardino California Affidavit Regarding Consent to Cremation of Remains

State:
Multi-State
County:
San Bernardino
Control #:
US-02079BG
Format:
Word; 
Rich Text
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

A direct cremation takes place without a funeral service, at a time suitable for the funeral director. You won't be able to choose the time or date or attend. The ashes are returned to loved ones who can celebrate the deceased in the way they choose.

All or a majority of the surviving sister(s) and brother(s) 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. seq.

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.

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.

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.

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 person entitled to possession of the body is the person who is under a duty to dispose of the body. A crematorium authority must hand over the ashes to the person who delivered the body for cremation.

Section 7116 states cremated remains may be scattered on private property, provided they are removed from their container, are not distinguishable to the public, and written permission has been obtained from the property owner or governing agency.

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.

In most cases, positive identification cannot be established with commercial cremation. DNA does not survive typical cremation temperatures of 1400° to 1800°F. Usually analysis of the cremains can only determine whether they are consistent with the life history and accompanying materials of the decedent.

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San Bernardino California Affidavit Regarding Consent to Cremation of Remains