As part of comprehensive estate planning in California, many clients consider not only wills, trusts and advance health care directives, but also funeral arrangements and prepaid cemetery plots. These arrangements can provide peace of mind, financial security and guidance for family members during a difficult time. However, even with careful planning, prepaid plots can present challenges if they are not properly managed or periodically reviewed.
Before the widespread use of digital recordkeeping, it was common for families to lose contact with the cemetery where a plot was purchased. Cemeteries maintained paper files and addresses or phone numbers often became outdated. Even decades-old plots purchased in the 1950s or 1960s can occasionally become “lost” to families, requiring research to locate heirs or update records. In some cases, plots are rediscovered only after extensive genealogical research or obituary searches. These scenarios underscore the importance of reviewing cemetery arrangements as part of an ongoing estate plan.
California law provides guidance on the management and transfer of cemetery plots. Under Health and Safety Code Section 8650, a plot may be designated as a family plot, allowing multiple family members the right to be interred there. In the absence of specific instructions, plots may pass according to intestate succession rules. Plots may also be sold or transferred in accordance with cemetery policies, which often include a transfer fee applied to the cemetery’s endowment fund for long-term care and maintenance. Understanding these rules is essential to ensure that prepaid arrangements are honored and disputes among heirs are avoided.
Attitudes toward burial and cremation have shifted dramatically in California over the past several decades. In the 1960s, only 3 to 4 percent of Americans chose cremation, while today estimates suggest that up to 63 percent may select cremation. Despite this trend, a significant number of Californians continue to pre-purchase burial plots, often as part of broader end-of-life planning. Surveys indicate that approximately one-third of adults over age 50 have made funeral arrangements in advance, highlighting the importance of including cemetery plots in estate planning discussions.
While prepaid plots offer advantages, they can also introduce complexities. Family circumstances change; spouses may remarry, adult children may relocate or unexpected deaths may alter the intended use of a plot. Cemetery rules and fees can also change over time, potentially exceeding the original prepaid amount. Without clear records or regular updates, families may be uncertain how to proceed when the time comes.
For these reasons, estate planning professionals encourage clients to review cemetery arrangements alongside other estate planning documents. This includes confirming contact information with the cemetery, verifying that plots remain available and updating plans as family circumstances evolve. By addressing these matters proactively, clients ensure their wishes are respected, reduce administrative burdens on loved ones and preserve financial resources for other estate needs.
Send your questions to ccolan@colanlegal.com and use “Alpine Mountaineer estate planning question” as the subject. We’ll answer your questions in our upcoming issues. This article is provided by your local estate planning attorney, Corina Colan. The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com
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