Do you need a funeral director in California?

California does not require a funeral director — next of kin control disposition under §7100 and may file the paperwork themselves — but the cemetery requirement makes whole-body home burial impractical.

Burial laws · California

Burial laws in California

California prohibits whole-body burial outside a cemetery — disposing of human remains anywhere else is a misdemeanor under Health & Safety Code §7054. The only path to burial on private land is having the property licensed as a cemetery. A permit for disposition from the local registrar is required (Health & Safety Code §103050), and the death must be registered before disposition.

Last verified July 2, 2026 · Sources: California Health & Safety Code §7054, CA Cemetery & Funeral Bureau FAQ

Home / family burial: California prohibits whole-body burial outside a cemetery — disposing of human remains anywhere else is a misdemeanor under Health & Safety Code §7054. The only path to burial on private land is having the property licensed as a cemetery.
Permits: A permit for disposition from the local registrar is required (Health & Safety Code §103050), and the death must be registered before disposition.
Who handles the body: California does not require a funeral director — next of kin control disposition under §7100 and may file the paperwork themselves — but the cemetery requirement makes whole-body home burial impractical.

Why home burial is effectively off the table

Health & Safety Code §7054 makes it a misdemeanor to deposit human remains anywhere except a cemetery, and the statutory exceptions cover only cremated (or hydrolyzed) remains — never whole bodies. Burying someone on your own land doesn't make the land a cemetery: under §7003, a cemetery is a formally dedicated burial ground. The Cemetery & Funeral Bureau's guidance is that burial on your own property requires applying for a Certificate of Authority — a cemetery license — and cities and counties can layer their own standards on top under §8115.

What families can do instead

Cremated remains are far more flexible: with a disposition permit from the local registrar, they can be kept at home, buried, or scattered on private land with the landowner's permission. That's the practical route for families who want a resting place on their own property in California.

Who controls the decision, and the paperwork

Health & Safety Code §7100 sets the order of who controls disposition: an appointed agent, then the spouse or domestic partner, adult children, parents, and siblings. A funeral director is not legally required — the family can register the death and obtain the disposition permit (form VS 9) from the local registrar themselves.

Moving remains later

Once buried in a cemetery, remains may only be removed with a written order from the local health department or the superior court (Health & Safety Code §7500). Plan the location as permanent.

Most US states allow burial on private property or in a family cemetery, but the rules are layered: state law sets the baseline for custody of the body, permits, and who may act as the funeral director, while local zoning, setbacks, groundwater protections, and HOA rules often decide what's actually possible. A handful of states effectively require burial in an established cemetery. Always confirm with the county health department and the local registrar before planning a home or family burial.

Common questions about burial laws in California

Can you be buried on private property in California?: California prohibits whole-body burial outside a cemetery — disposing of human remains anywhere else is a misdemeanor under Health & Safety Code §7054. The only path to burial on private land is having the property licensed as a cemetery. Cremated remains are the flexible route: they may be buried or scattered on private land with the landowner's permission and a disposition permit.
Do you need a permit to bury someone in California?: A permit for disposition from the local registrar is required (Health & Safety Code §103050), and the death must be registered before disposition.
Do you need a funeral director in California?: California does not require a funeral director — next of kin control disposition under §7100 and may file the paperwork themselves — but the cemetery requirement makes whole-body home burial impractical.

Green burial guide Burial providers in California

General guidance, not legal advice. Local zoning and health rules often decide what's possible — confirm with the California county health department.