According to the Health and Safety Code, effective January 11, 2011, cremated remains may be kept in or on real property of whom?

• A. Any person with the permission of the person with the right to control disposition pursuant to Health and Safety Code Section 7100
• B. Only the person or persons having the right to control disposition pursuant to the Health and Safety Code Section 7100
• C. Any person named in Health and Safety Code Section 7100
• D. No person is entitled to keep cremated remains in or on real property

Answer: (A)

The key idea is that who can keep cremated remains on real property is governed by who has the authority to control disposition. California Health and Safety Code, as of January 11, 2011, requires that the person who holds the right to control disposition grant permission for someone else to keep those remains on real property. If that designated person consents, any other individual may keep the cremated remains on that property. This places the decision-making power with the person entitled to control disposition, while still allowing others to honor that decision with the proper authorization. The right to control disposition is typically held by the surviving spouse or domestic partner, or by the personal representative named to handle the decedent’s affairs, among others identified in the statute.