14
Last Revision: 08312021
(4) The surviving competent parent or parents of the decedent. If one of the surviving competent parents is absent, the
remaining competent parent shall be vested with the rights and duties of this section after reasonable efforts have been
unsuccessful in locating the absent surviving competent parent.
(5) The sole surviving competent adult sibling of the decedent, or if there is more than one surviving competent adult
sibling of the decedent, the majority of the surviving competent adult siblings. However, less than the majority of the
surviving competent adult siblings shall be vested with the rights and duties of this section if they have used reasonable
efforts to notify all other surviving competent adult siblings of their instructions and are not aware of any opposition to those
instructions by the majority of all surviving competent adult siblings.
(6) The surviving competent adult person or persons respectively in the next degrees of kinship, or if there is more than one
surviving competent adult person of the same degree of kinship, the majority of those persons. Less than the majority of
surviving competent adult persons of the same degree of kinship shall be vested with the rights and duties of this section if
those persons have used reasonable efforts to notify all other surviving competent adult persons of the same degree of kinship
of their instructions and are not aware of any opposition to those instructions by the majority of all surviving competent adult
persons of the same degree of kinship.
(7) The public administrator when the deceased has sufficient assets.
(b) (1) If any person to whom the right of control has vested pursuant to subdivision (a) has been charged with first or
second degree murder or voluntary manslaughter in connection with the decedent's death and those charges are known to the
funeral director or cemetery authority, the right of control is relinquished and passed on to the next of kin in accordance with
subdivision (a).
(2) If the charges against the person are dropped, or if the person is acquitted of the charges, the right of control is returned
to the person.
(3) Notwithstanding this subdivision, no person who has been charged with first or second degree murder or voluntary
manslaughter in connection with the decedent's death to whom the right of control has not been returned pursuant to
paragraph (2) shall have any right to control disposition pursuant to subdivision (a) which shall be applied, to the extent the
funeral director or cemetery authority know about the charges, as if that person did not exist.
(c) A funeral director or cemetery authority shall have complete authority to control the disposition of the remains, and to
proceed under this chapter to recover usual and customary charges for the disposition, when both of the following apply:
(1) Either of the following applies:
(A) The funeral director or cemetery authority has knowledge that none of the persons described in paragraphs (1) to (6),
inclusive, of subdivision (a) exists.
(B) None of the persons described in paragraphs (1) to (6), inclusive, of subdivision (a) can be found after reasonable
inquiry, or contacted by reasonable means.
(2) The public administrator fails to assume responsibility for disposition of the remains within seven days after having
been given written notice of the facts. Written notice may be delivered by hand, U.S. mail, facsimile transmission, or
telegraph.
(d) The liability for the reasonable cost of final disposition devolves jointly and severally upon all kin of the decedent in the
same degree of kinship and upon the estate of the decedent. However, if a person accepts the gift of an entire body under
subdivision (a) of Section 7155.5, that person, subject to the terms of the gift, shall be liable for the reasonable cost of final
disposition of the decedent.
(e) This section shall be administered and construed to the end that the expressed instructions of the decedent or the person
entitled to control the disposition shall be faithfully and promptly performed.
(f) A funeral director or cemetery authority shall not be liable to any person or persons for carrying out the instructions of
the decedent or the person entitled to control the disposition.
(g) For purposes of this section, "adult" means an individual who has attained 18 years of age, "child" means a natural or
adopted child of the decedent, and "competent" means an individual who has not been declared incompetent by a court of law
or who has been declared competent by a court of law following a declaration of incompetence.