San Diego California Provision for Last Will and Testament regarding Cremation

Category:
State:
Multi-State
County:
San Diego
Control #:
US-02528BG
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Word; 
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Description

Cremation may serve as a funeral or post funeral rite that is an alternative to the interment of an intact body in a casket. Cremation is the process of reducing dead human bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through high temperatures and vaporization. Cremated remains, which are not a health risk, may be buried or immured in memorial sites or cemeteries, or they may be legally retained by relatives or dispersed in a variety of ways and locations.

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.

How to fill out Provision For Last Will And Testament Regarding Cremation?

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FAQ

It can be helpful to tell them why. If there's a meaning behind your decision, such as my mother was also cremated, it can be beneficial to include this statement so that your family understands the deep personal meaning it has to you.

In California, a death certificate must be filed with the local registrar within eight days of the death and before the body is buried or cremated. (See California Health & Safety Code § 102775.)

While including a burial plan in your will may seem like a good idea, it may not carry out your wishes exactly the way you want because your body isn't considered "property" for estate planning purposes.

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.

Cremated remains may only be kept in the dwelling place owned or occupied by the 7100 right holder(s). Contrary to the opinion of some, this privilege can not, in my view, be delegated to other family members.

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.

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.

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 following will clauses can be added to your own collection as further options where a client expresses a desire to be cremated at death. I hereby direct that my body be cremated and that my ashes be disposed of in such manner as my executor or executors shall, in their discretion, deem appropriate.

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.

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San Diego California Provision for Last Will and Testament regarding Cremation