Does the surviving spouse have a right to control the disposition of a deceased person's remains?

California, United States of America


The following excerpt is from Walsh v. Caidin, 232 Cal.App.3d 159, 283 Cal.Rptr. 326 (Cal. App. 1991):

By statute the surviving spouse has the right to control disposition of a decedent's remains. (See Ross v. Forest Lawn Memorial Park (1984) 153 Cal.App.3d 988, 993-994, 203 Cal.Rptr. 468 [right to disposition includes right to freedom from interference with that right]; for historical development under common law see Note (1939) 12 So.Cal.L.Rev. 435-446.) Health and Safety Code section 7100 provides, "The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent, vests in, and the duty of interment and the liability for the reasonable cost of interment of such remains devolves upon the following in the order named:

"(a) The surviving spouse...."

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