Statute · California Health and Safety Code

Cal. Health & Safety Code § 8726.3 — Care of Active Cemeteries

Cal. Health & Safety Code § 8726.3

Type
Statute
Source
California Health and Safety Code
Jurisdiction
California
Date
2020-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) Notwithstanding any other law, the principal of the trust fund of a cemetery and all income from it shall be exempt from seizure, under any writ, mandate, or process, including bankruptcy, by any private entity, including, but not limited to, creditors of the beneficiaries, the trustee, or…

Citator

Cal. Health & Safety Code § 8726.3 — Care of Active Cemeteries is in force in the current edition of the Code, and nothing recorded condemns it.

(a) Notwithstanding any other law, the principal of the trust fund of a cemetery and all income from it shall be exempt from seizure, under any writ, mandate, or process, including bankruptcy, by any private entity, including, but not limited to, creditors of the beneficiaries, the trustee, or any person owning, operating, managing, conducting, or providing perpetual or endowed care to or for the cemetery for which the trust fund was created. In the event of seizure by any public entity, the principal and income of the trust fund shall only be available for the care, maintenance, and embellishment of that cemetery.

(b) If ownership of a cemetery authority is transferred pursuant to Section 8585, the principal and income of the trust fund shall only be available for the care, maintenance, and embellishment of that cemetery property in accordance with the provisions of law and the resolutions, bylaws, rules, and regulations or other actions or instruments of the cemetery authority.