Should I pursue action regarding my mother's cremation delay?

Full question:

My mother died recently in 2008. We had made arrangements with a Mortuary in 2001 and had paid them in full. It took them 17 days to cremate her. I have all the conversations documented regarding the treatment of my mothers remains. Should I pursue this?

• Category: Civil Actions
• Date: 04/07/2025
• State: California

Answer:

A cremation can only occur after obtaining proper authorization, a death certificate, and a permit for disposition. Delays in cremation may arise from incomplete information or requirements for autopsies. A written authorization must be signed by the person(s) in control of the body before cremation can proceed. This authorization details the location, manner, and timing of the disposition and includes payment agreements for the cremation and any additional services.

In California, the law requires that cremation or burial occurs within specific timeframes. For instance, a crematory must conduct scatterings within sixty days unless they notify the person in control of the disposition in writing about the delay. Additionally, an unembalmed body must be refrigerated within twenty-four hours if not immediately cremated or buried.

According to California statutes, a cemetery authority or crematory can proceed with cremation upon receiving written authorization from someone with the right to control the disposition (Cal. Health & Safety Code § 7111). They are not liable for cremation if they have no notice that the authorization is untrue. However, if cremated remains are left in possession for over one year without a care contract, no legal action can be taken against the cemetery authority (Cal. Health & Safety Code § 7112).

Given your situation, you may want to consider whether the cremation process adhered to these legal requirements and if any delays were justified. If you believe there was a violation of the law or your contractual agreement, pursuing action may be warranted.