Disposition of Remains Options and Pre-Paying for Burial Sites
June 24, 2025
When it comes to planning for the future, many people focus on their will and finances, but what about the final farewell? Deciding how you want your remains handled and making burial arrangements is a critical, yet often overlooked, part of estate planning.
Making these decisions not only brings peace of mind but also spares your loved ones the emotional burden of having to make difficult choices during a challenging time.
At Davidson Estate Law, we have over 25 years of experience guiding families through the estate planning process in the San Francisco Bay Area, including Walnut Creek, Berkeley, San Francisco, El Cerrito, and Alameda. Deciding how you want to be remembered is a deeply personal matter, and working with an estate planning attorney can make sure your wishes are clearly documented and upheld.
In this blog, we explore the primary options for handling your remains after you pass away, the advantages of pre-paying for burial plots, and important legal aspects specific to California law.
Your Options for Disposition of Remains
The term “disposition of remains” refers to the method chosen for handling someone's body after death. This is a decision that reflects your personal values, religious beliefs, cultural practices, or simply practical preferences. Some of the more common options available in California include the following.
Traditional burial: A traditional burial involves interring the body in a cemetery plot. It may include embalming, a casket, and a grave marker or headstone. Many families prefer this option because it provides a physical space to visit and honor their deceased loved ones. However, traditional burials in the Bay Area can be expensive due to limited space and rising cemetery fees.
Cremation: Cremation is a widely chosen option, especially in urban areas with limited burial space, such as the Bay Area. Cremated remains can be kept in an urn, scattered in meaningful places (in compliance with local laws), or incorporated into keepsakes or memorial jewelry.
Green or natural burial: For environmentally conscious individuals, green burial is gaining popularity. This method emphasizes sustainability by foregoing embalming chemicals, non-biodegradable caskets, and large monuments. Natural burials might take place in conservation cemeteries or specially designated spaces.
Alkaline hydrolysis: Sometimes referred to as “liquid cremation,” alkaline hydrolysis is a newer method that dissolves the body using a water-based solution. It is considered an eco-friendly alternative to cremation and is legal in the state of California.
Donation to science: Another option is to donate your body to a medical school or research institution for scientific study. This choice contributes to the advancement of medical science and education.
When drafting your estate plan, it's essential to clearly specify your wishes to prevent unnecessary confusion or conflict, allowing your family to honor your memory according to your wishes.
The Benefits of Pre-Paying for Burial Sites or Funeral Arrangements
With a large population in metropolitan areas like San Francisco, there is often competition for burial plots in cemeteries or graveyards in California. However, to alleviate the burden on your family after your passing, you can pre-pay for burial sites, funeral services, or cremation plans, which can provide several advantages:
Financial certainty: Pre-paying locks in costs at today’s rates, shielding your loved ones from future price increases or financial guesswork. This can be particularly meaningful in the expensive Bay Area.
Relief for your family members: Planning and paying ahead of time relieves your family of financial and logistical burdens. It spares them from making difficult decisions during an emotionally challenging and stressful time.
Guaranteed preferences: Pre-paying ensures that your preferred arrangements will be carried out as intended. Without this step, your family may make choices that go against your wishes.
Pre-payment plans for funeral services can vary greatly, and not all contracts are created equal. While many funeral homes offer these options, the most effective way to specify your preferences is by working with an estate planning attorney. This approach integrates your funeral arrangements with the rest of your estate plan, providing clarity and consistency for your loved ones.
California Laws and Regulations Regarding the Disposition of Remains
California has detailed laws governing the handling and disposition of remains, which are essential to understand when making long-term plans. The key state laws and regulations you should be aware of include, but are not limited to, the following.
Designating an agent for final disposition: California law allows you to designate an agent to make decisions about your remains. This can be formalized through a written legal document, like a power of attorney or an advance healthcare directive. Without such a designation, the responsibility defaults to your next of kin.
Written instructions for disposition: Under California Probate Code Section 7100, you can leave written instructions for the disposition of your remains. It is legally required that these instructions be followed, provided sufficient funds are available.
Cremation authorizations: In California, cremation requires specific authorization, usually provided through a written, signed document. Without this authorization, delays can occur.
Scattering remains: For those wishing to scatter ashes, California law requires that it be done in specific ways and locations, such as permitted areas at sea or designated cemeteries.
Estate Planning Attorneys in Oakland, California
A meaningful way to care for your loved ones is by thoughtfully planning for how you want your remains to be cared for after your passing. At Davidson Estate Law, we have served as a trusted resource for estate planning services in the Bay Area for over 25 years.
Whether you're looking for guidance on creating a will, drafting a revocable living trust, addressing questions about the probate process, or exploring options for the disposition of remains, our team offers personalized assistance grounded in experience and care.
Based in the San Francisco Bay Area in California, we serve clients throughout Oakland, Walnut Creek, Berkeley, San Mateo, San Jose, and Larkspur. Contact us today to schedule a consultation.