Salem, OR asked in Probate for California

Q: As and Oregon resident am I responsible for brother's remains in California?

County of San Diego says I am responsible under Health and Safety Code Section 7104.

Related Topics:
1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: It doesn't seem that you're responsible, it may be the county that is responsible.

Health and Safety Code §7104 (a) When no provision is made by the decedent, or where the

estate is insufficient to provide for interment and the duty of

interment does not devolve upon any other person residing in the

state or if such person can not after reasonable diligence be found

within the state the person who has custody of the remains may

require the coroner of the county where the decedent resided at time

of death to take possession of the remains and the coroner shall

inter the remains in the manner provided for the interment of

indigent dead.

(b) A county exercising jurisdiction over the death of an

individual pursuant to Section 27491, or who assumes jurisdiction

pursuant to Section 27491.55 of the Government Code, shall be

responsible for the disposition of the remains of that decedent. If

the decedent is an indigent, the costs associated with disposition of

the remains shall be borne by the county exercising jurisdiction.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.