CHAPTER 4. Property Rights

Chapter 4 enacted by Stats. 1939, Ch. 60.

§§ 8600–8680 · 19 sections

1. ARTICLE 1. General Provisions §§ 8600–8605 · 6 sections

   • § 8600 All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance.
   • § 8601 The spouse of an owner of any plot containing more than one interment space has a vested right of interment of his remains in the plot and any person…
   • § 8602 No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of a vested right of interment,…
   • § 8603 If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains…
   • § 8604 Cemetery property passing to an individual by reason of the death of the owner is exempt from all inheritance taxes.
   • § 8605 An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the…
2. ARTICLE 2. Joint Tenants §§ 8625–8629 · 5 sections

   • § 8625 In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of interment in the plot conveyed.
   • § 8626 Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of…
   • § 8627 Cemetery property held in joint tenancy is exempt from the provisions of the Probate Code relating to proceedings for establishing the fact of death of a…
   • § 8628 An affidavit by any person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity of the surviving…
   • § 8629 When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the plot and file written notice…
3. ARTICLE 3. Family Interment Plots §§ 8650–8653 · 5 sections

   • § 8650 (a) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is…
   • § 8650.5 An affidavit executed by a person who is the owner of the plot by virtue of the laws of intestate succession or by his or her attorney-in-fact, setting forth…
   • § 8651 In a family plot one grave, niche or crypt may be used for the owner’s interment; one for the owner’s surviving spouse, if any, who by law has a vested right…
   • § 8652 If no parent or child survives, the right of interment goes in the order of death first, to the spouse of any child of the record owner and second, in the…
   • § 8653 Any surviving spouse, parent, child or heir who has a right of interment in a family plot may waive such right in favor of any other relative, or spouse of a…
4. ARTICLE 4. Vested Right of Interment §§ 8675–8676 · 2 sections

   • § 8675 A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested.
   • § 8676 No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person…
5. ARTICLE 5. Voluntary Establishment of Inalienability § 8680 · 1 section

   • § 8680 A cemetery authority may take and hold any plot conveyed or devised to it by the plot owner so that it will be inalienable, and interments shall be restricted…