Which statement correctly summarizes who may take control of disposition when the primary holder is unavailable?

• A. The executor of the will assumes control automatically
• B. The next in priority pursuant to Health and Safety Code 7100 takes control
• C. The spouse alone controls disposition
• D. A court appoints a special administrator

Answer: (B)

California law uses a fixed priority for who may control disposition of remains. When the person who would normally handle disposition is unavailable, the next person on that statutory list steps in to take control, so the process can proceed without delay. Health and Safety Code section 7100 lays out this order and governs who has authority to direct burial or cremation. This means an executor named in a will does not automatically gain control unless they are the next eligible person under the statute, and a court would only appoint a special administrator in those rare cases where no one eligible or willing to act exists or there is a dispute. So, the idea that the next in priority under Health and Safety Code 7100 takes control best reflects how disposition authority is determined.