(a) If the owner of an interment right dies without making a valid and enforceable disposition of the interment right by a specific devise in a testamentary device, or by a written designation pursuant to subdivision (c) of Section 9069.20, the interment right shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. In the event that the owner has no heirs at law, the district shall follow the abandonment procedures established under Section 9069.

(b) A surviving spouse, registered domestic partner, child, parent, or heir who has an interment right pursuant to this section may waive that interment right in favor of any other relative of the deceased owner or spouse of a relative of the deceased owner.

Terms Used In California Health and Safety Code 9069.25

  • Devise: To gift property by will.
  • District: means a public cemetery district created pursuant to this part or any of its statutory predecessors. See California Health and Safety Code 9002
  • Domestic partner: means two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2. See California Health and Safety Code 9002
  • Interment right: means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights:

    California Health and Safety Code 9002

  • Intestate: Dying without leaving a will.
  • Probate: Proving a will
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2

(Added by Stats. 2016, Ch. 592, Sec. 2. (SB 1179) Effective January 1, 2017.)

  Previous section
Next section  
 Chapter 5.5 Contents