Your rights
Funerals in California: what your family is entitled to
For Korean American families in Southern California: the rules government agencies set, summarized only from official sources. The state's own consumer guide has no Korean edition.
Checked October 2026 · This page is general information, not legal advice. The official source linked under each section takes priority. For your family's situation, check with the agency or an attorney.
Five things to remember
- A funeral home must give prices over the phone and hand you a price list you can take with you.
- You can choose only the items you want, and you may use a casket bought elsewhere.
- Embalming is not required by law.
- The right to make funeral decisions passes to family in an order set by law. You can name an agent ahead of time.
- Anyone can look up a funeral home license online and file a complaint with the state bureau.
Your rights at the funeral home
The Federal Trade Commission's Funeral Rule applies to every funeral home in the United States. These seven points are what funeral homes must do.
You can ask for prices by phone
If you ask for prices by phone, the funeral home must tell you. It cannot require you to come in, and it cannot ask for your name or contact information first. Call two or three to compare.
What to say“Could you tell me your prices over the phone?”
You get a price list to take with you
When you visit in person, you must be given a General Price List (GPL) you can keep. Before showing caskets, they must show you the casket price list, and the same for outer burial containers.
What to say“May I have a copy of your General Price List?”
You can choose only what you want
You do not have to buy a package. You can buy only the items you need.
What to say“We would like to choose individual items, not a package.”
You may use a casket or urn bought elsewhere
The funeral home cannot refuse a casket or urn you bought elsewhere, and cannot charge a fee for using it.
What to say“We will provide a casket we bought elsewhere.”
Embalming is not required by law
The price list must say "Embalming is not required by law." It may be needed for some choices, such as a viewing, so ask why it is needed for what you chose.
What to say“Is embalming required for the arrangements we chose? Why?”
Direct cremation does not need a casket
For a direct cremation you may use a simple alternative container instead of a casket, and the funeral home must make one available.
What to say“For direct cremation, we would like an alternative container.”
You get an itemized statement before you pay
Once you decide, you receive a Statement of Goods and Services Selected before you pay. Check it against the price list.
What to say“Before we pay, could we have the itemized statement?”
Official sourcesFTC, Complying with the Funeral RuleFTC, The FTC Funeral Rule (소비자용)
Who makes the funeral decisions
If the person left instructions, those are followed. If not, California Health and Safety Code section 7100 sets the order in which the right to decide passes. The duty to pay reasonable costs follows the same order.
The order of the right to decide
(1) The agent named in a Power of Attorney for Health Care, (2) the surviving spouse, (3) adult children, (4) parents, (5) adult siblings, (6) the next nearest relatives, (7)–(8) a court-appointed conservator. The Cemetery and Funeral Bureau includes a registered domestic partner with the spouse.
Several children decide by majority
If there are several adult children, the majority decides. A smaller group may decide if it made reasonable efforts to notify all the others and knows of no opposition from the majority. The same applies to siblings and other relatives.
If no one acts within 7 days
If the person with the right does not act or delegate within 7 days (10 days for a spouse), or cannot be found, the right passes to the next in line. If family members with equal rights cannot agree within 7 days, the funeral home, cemetery, or any of them may petition the county superior court.
Deciding ahead makes it easier on the family
While healthy, name an agent in an Advance Health Care Directive, write down your funeral wishes, and share them with the family. This matters even more when children live in different places, here and in Korea. If the family disagrees, talk with an attorney.
Official sourcesHealth and Safety Code §7100Health and Safety Code §7105California Cemetery and Funeral Bureau, FAQ
Death certificates (Los Angeles County)
Death certificates are needed for banks, insurance, pensions and title changes. The details below are for Los Angeles County. Check with your own county if you live elsewhere, such as Orange County.
Where to get them
Within one year of death, from the county Department of Public Health or the funeral home; after that, from the Registrar-Recorder/County Clerk. The funeral home usually orders them for you.
Certified copies and informational copies are different
Certified copies, which banks and insurers require, can be ordered only by people the law names, including a spouse or registered domestic partner, children, parents, siblings, grandparents and grandchildren. Anyone can order an informational copy, but it is stamped "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY."
What to say“We need certified copies of the death certificate. How many should we order?”
Fees and timing
At the LA County Registrar-Recorder, a certified copy costs $26 each and is non-refundable. Requests are processed within 20 business days of receipt.
Registered within 8 days, before burial or cremation
A death must be registered with the local registrar within eight calendar days and before burial or cremation. Remains cannot be buried or cremated until the death certificate is filed and a permit for disposition is issued. The funeral home normally handles this.
If the medical examiner is involved, you can still plan the funeral
Even when the LA County Medical Examiner handles a sudden death, you do not need to delay planning. An interim death certificate lets you proceed, and release to the funeral home usually takes two to three days.
Official sourcesLA County Registrar-Recorder, 사망진단서 신청LA County Registrar-Recorder, 신청 자격LA County Medical Examiner, For FamiliesHealth and Safety Code §102775Health and Safety Code §103050
Keeping or scattering ashes
Many families want to keep ashes at home or scatter them at sea or in a meaningful place. In every case a permit for disposition, which the funeral home obtains, comes first.
You may keep ashes at home or in a church
Ashes may be kept in a durable container at a home owned or occupied by a family member with the right to decide, or by someone else with that person's permission. A church or religious shrine needs its written permission.
Scattering on land
It must be an area with no local prohibition, the ashes must be out of the container and not distinguishable to the public, and you need written permission from the property owner or governing agency. Public agencies may allow or prohibit scattering on their land.
Scattering at sea (California law)
Ashes are taken out by boat or by air and removed from the container before scattering; not from a bridge or pier. The person who scatters files a verified statement with the local registrar in the county nearest the spot, and the permit copy within 10 days. Inland navigable waters count, but not lakes or streams, and not within 500 yards of the shoreline.
Scattering at sea (federal rules)
Under federal rules, scattering in the ocean must be at least three nautical miles from land, and you report it to the EPA online within 30 days, free of charge. Follow both the California and federal rules; if unsure, ask the funeral home or a scattering service.
Families scattering ashes themselves do not register
A family scattering ashes on its own does not register with the Cemetery and Funeral Bureau. Only those who scatter more than ten sets of remains a year must register.
Official sourcesHealth and Safety Code §7054.6Health and Safety Code §7116Health and Safety Code §7117EPA, Burial at SeaCalifornia Cemetery and Funeral Bureau, FAQ
Federal benefits
Funeral-related support from Social Security and the Department of Veterans Affairs. Confirm eligibility with each agency.
Social Security lump-sum death payment: $255
It is paid once. It goes first to a spouse who lived in the same household, then to a spouse eligible for benefits on the record, then to a child eligible for benefits on the record in the month of death. If an application is needed, file within two years of the death.
Veterans' burial allowance
Per the VA, for deaths on or after October 1, 2026, the allowance is up to $1,032 for burial and funeral costs and up to $1,032 for a plot or interment ($1,002 each for deaths from October 1, 2025 to September 30, 2026). The person who paid and was not reimbursed applies with VA Form 21P-530EZ. A spouse listed on the veteran's VA profile may be paid automatically. For service-connected deaths and other cases, check with the VA.
Official sourcesSSA POMS RS 00210.001 (사망 일시금)VA, Veterans Burial Allowance
Checking licenses and filing complaints
Before you sign, you can check a funeral home or cemetery license, and you can complain to the state bureau if something goes wrong.
License lookup
At the state license search (search.dca.ca.gov), choose Funeral Establishment, Funeral Director, Crematory, Cemetery and so on, and search by name to see whether the license is current and any disciplinary history.
Where to complain
The online form of the Cemetery and Funeral Bureau is fastest. You can also call 1-800-952-5210 (they will mail a form), email emailCFB@dca.ca.gov, or write to 1625 N Market Blvd, S208, Sacramento, CA 95834. Replies take up to 14 days, and documents are not returned, so send copies.
Cemeteries the bureau does not oversee
Cemeteries run by religious organizations, cities, counties, cemetery districts, the military or tribes are outside the bureau. Contact the operator directly.
Official sourcesDCA 면허 검색CFB 온라인 민원CFB 민원 안내
Prepaying for a funeral (pre-need contracts)
When you prepay a funeral home, California law protects the money this way.
All the money is held in trust
Money prepaid to a funeral home must be held in trust until the funeral is provided, and placed with a trustee within 30 days of receipt. The principal cannot be used for commissions.
You can cancel any time before the funeral
Before the services are provided, you can demand in writing the return of the principal and earnings. The cancellation fee cannot exceed a reserve of 10 percent of the principal, built from trust earnings.
What to say“If we cancel, how much would we get back, and what is the cancellation fee?”
It can be made irrevocable for Medi-Cal
If you receive or are applying for public assistance such as Medi-Cal, you may choose to make the trust irrevocable. Then the money cannot be returned later, so decide carefully.
Survivors are entitled to a copy of the contract
If the deceased had a prepaid contract, the funeral home must give a copy to the survivor making the arrangements. A funeral home that knowingly fails to do so faces a civil fine.
What to say“Did my parent have a pre-need agreement with you? May we have a copy?”
Ask three questions before you sign
The bureau advises asking: (1) Is the price guaranteed? (2) What happens if you cancel, and is there a penalty? (3) What happens if the funeral home closes or is sold?
What to say“Is this price guaranteed? What happens if we cancel, or if you close?”
Official sourcesBusiness and Professions Code §7735Business and Professions Code §7737Business and Professions Code §7745CFB, Pre-need Q&A
Buying a cemetery plot
A cemetery contract is separate from a funeral home contract. California law gives buyers these protections.
Cancel within 5 days with no penalty
You may cancel a contract for a plot or cemetery services or merchandise within five calendar days after signing, without penalty, by written notice to the address in the contract. A mailed notice takes effect when mailed. The cemetery must return the money within five business days. This does not apply once an interment or substantial services or merchandise have been provided. The notice must appear in bold next to the signature line.
Endowment care fund
An endowment care cemetery must deposit part of each sale into its care fund: for a grave or crypt, 10 percent of the net price or $250, whichever is greater; for a niche, 10 percent or $150 (capped at $10,000 per space). Look for this amount in your contract.
Official sourcesHealth and Safety Code §8278Health and Safety Code §8738
Official guides
The bureau's consumer guide is published only in English and Spanish. There is no Korean edition, which is why we made this page.
Consumer Guide to Funeral and Cemetery Purchases
Funeral homes and cemeteries must display this guide and give you a copy to keep before a contract is drafted. Parents who prefer Korean can go through it with their children or with Maria in a consultation.
Official sourcesCFB 소비자 안내서 (영어)CFB 소비자 안내서 (스페인어)Business and Professions Code §7685.5
Not yet included
These are still being checked against the original California law and are not included yet. We will add them once confirmed. Until then, ask in a consultation and we will look them up together.
- How prepaid money is returned when a funeral home closes or is sold, and refund deadlines after cancellation
- Time limits for refrigeration or embalming
- The 2027 change to Medi-Cal asset limits
If this is a lot to sort through
If you have a price list and are not sure what you can leave out, bring it and we will go through it together. The 30-minute consultation is free, in Korean or English.