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AB 2331

Cemeteries: removal of remains.

2025-2026 Regular Session Introduced by Stephanie Nguyen

When consent for removing remains cannot be obtained, a superior court must grant removal permission upon a showing of good cause.

Referred to Com. on JUD.
#cemeteries #removalofremains
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Bill Summary · AB 2331

Summary of AB 2331 (2025-2026) – Cemeteries: Removal of Remains

What the bill would do

  • AB 2331 would amend California Health and Safety Code provisions governing the removal and disposition of human remains in cemeteries.
  • The bill clarifies and updates the process for obtaining permission to remove remains and permits for disposition, and it makes technical, nonsubstantive changes to related provisions on transport of remains.

Key provisions and changes

1) Removal of remains from a cemetery

  • Current law requires consent and a permit for removal from a cemetery, with specific consent in a priority order (surviving spouse, then children, then parents, then siblings).
  • AB 2331 would require a superior court to grant an application for removal permission upon a showing of good cause if consent cannot be obtained.
  • In effect: when consent cannot be secured, a court must review the request and provide permission if good cause is shown.

2) Disposition of remains (permits and documentation)

  • The bill reinforces that, for disposition, a death certificate must be filed with the local registrar and a disposition permit must be obtained from the local registrar.
  • It makes no substantive change to the fundamental requirement that disposition requires both a death certificate and a permit for disposition, but it notes the requirement and aligns wording.

3) Transport of remains to out-of-state funeral establishments

  • The bill preserves existing exceptions that allow transport to an adjacent state without a death certificate or disposition permit under certain conditions, including:
    • Remains found within 50 miles of the California border and the receiving licensed funeral establishment within 30 miles of the county border; and the coroner authorizes release.
    • The coroner may release remains to an out-of-state establishment without a death certificate or disposition permit if there is no forensic interest and the cause of death can reasonably be determined from primary physician records or medical records.
    • If released, the coroner must file a death certificate with the local registrar within 72 hours.
  • These provisions are described as technical, nonsubstantive changes to existing law.

Who is affected

  • Cemetery authorities and administrators: subject to updated court-noted permission standards for removal when consent is unavailable.
  • Surviving family and next of kin (spouse, children, parents, siblings): continue to be involved in consent, though when consent cannot be obtained, a court may authorize removal upon a showing of good cause.
  • Local registrars and the court system (superior courts): play an enhanced role in granting removal permissions and processing disposition documentation.
  • Coroners/medical examiners: continue to oversee and authorize certain out-of-state releases and are responsible for timely death certificate filings when releasing remains.

Procedural and timeline aspects

  • If consent cannot be obtained for removal, the bill requires the superior court to grant permission upon a showing of good cause. The standard is “good cause,” mirroring typical court-review standards but clarifying the decision-maker and threshold.
  • For out-of-state transport under exceptions, the coroner must file a death certificate with the local registrar within 72 hours after release of remains.

Summary assessment

  • AB 2331 aims to streamline and clarify the removal and disposition process when consent for removal is unavailable, by mandating court authorization upon a showing of good cause.
  • It preserves existing, and clarifies, important provisions related to the documentation required for disposition and the circumstances under which remains may be transported to an out-of-state establishment without full documentation.
  • The bill is largely clarifying in nature, with a focus on ensuring a clear path to authorization for removal and maintaining proper documentation and inter-state transport safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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