Burial of Veterans in California

The Military and Veterans Code, in Division 4, Chapter 5, Article 2, deals with the burial of veterans and their dependents. Section 940 defines the term “veteran.” Section 940.5 defines the terms “burial” and “interment.” Section 941 states that Article 2 does not apply to soldiers, sailors, or marines who die in the national or State soldiers’ homes in this State.

Section 942 requires the board of supervisors of each county to designate an honorably discharged veteran of the United States military or a member of a veterans’ remains organization who must cause to be decently interred the body of any veteran or spouse or eligible dependent of a veteran as defined by the United States Department of Veterans Affairs for compensation purposes who dies in the county.

This section applies to all indigent, abandoned, or unclaimed veterans and dependents of veterans, including those deceased veterans and dependents of veterans without sufficient means to defray the expenses of burial, other than moneys paid or due and payable by the United States, pursuant to the World War Adjusted Compensation Act.

Section 943 prohibits a burial from being made in any cemetery or burial ground, or any portion thereof, used exclusively for the burial of the pauper dead.

Section 944 states that, in the event a deceased veteran or a widow of a veteran has been interred other than by the person designated by the board of supervisors, the person so designated may pay the sum of $350 toward the burial expenses of the person who would have been entitled to interment by the person designated by the supervisors.

Section 945 prohibits the expenses to the county of each burial or contribution from exceeding the sum of $350.

Section 946 requires the claims to be paid by the county in which the veteran or widow dies. If the decedent was a resident of any other county than the one paying the claim, the county of the decedent’s residence must refund the money advanced by the county where the person died.

Section 947 states that the person appointed before he assumes the charge and expenses of any burial must first satisfy himself by a careful inquiry into and examination of all the circumstances in the case that the family of the decedent, if any, residing in the county, is unable for want of means to defray the expenses of the burial. If he finds the inability, then he can cause the decedent to be buried as provided in this article.

Section 948 requires the clerk of the board of supervisors, upon receiving the report and statement of expenses, to transcribe in a book kept for that purpose all the facts contained in the report respecting each decedent. 

Section 949 requires the board of supervisors to perpetually maintain the grave of any honorably discharged soldier, sailor, or marine. The expenses thus incurred must be audited and paid as provided.

Section 950 prohibits the person appointed from receiving any compensation for any duties he may perform in compliance with this article.

Section 951 defines the terms “veteran status information” and “veterans’ remain organization.” Section 951.5 requires the public administrator of the county to make every reasonable effort to determine if the unclaimed remains of a decedent referred to the public administrator belong to a veteran or the dependent of a veteran.

Section 952 requires a cemetery corporation or association, or other entity in possession of the cremated remains of a veteran or dependent of a veteran, to verify and inter unclaimed cremated remains of American veterans, and to release veteran status information to the veterans’ remains organization. The use or disclosure of veteran status information obtained by a veterans’ remains organization is permitted only for the purpose of verifying veteran interment benefits of the deceased veteran or a dependent of a veteran with the California Department of Veterans Affairs and cannot be used or disclosed for any other purpose.

The cemetery authority, cemetery corporation or association, or other entity in possession of the cremated remains of a veteran or dependent of a veteran may, upon request of a veterans’ remains organization and after verifying the status of the veterans’ remains organization release the cremated remains of the veteran or dependent of a veteran to a veterans’ remains organization for the sole purpose of interment when all five of the specified conditions have been met.

Section 953 requires a veterans’ remains organization to take all reasonable steps to inter the cremated remains of a veteran or dependent of a veteran received in accordance with this article. A veterans’ remains organization that receives and inters the cremated remains of a veteran or dependent of a veteran pursuant to this article is not liable for negligence if the veterans’ remains organization does not know or have reason to know that the cremated remains of the veteran or dependent of a veteran were not released by the cemetery authority, cemetery corporation or association, or other entity.

Section 954 states that the board of supervisors of each county is encouraged to designate personnel from a veterans’ remains organization to fulfill the role created.

Section 955 requires a county veteran service officer that determines that unclaimed remains are those of a veteran or dependent of a veteran, and that the remains meet the criteria for interment by a veterans’ remains organization to report specified information to the Department of Veterans Affairs.

Article 3 deals with the care of veterans’ graves in this state. Section 960 provides that, whenever in any cemetery or place of burial of human remains, which is established or organized under the authority of the board of supervisors of any county or the governing body of any city, there is any known grave of a former soldier, sailor, or marine of the United States who was not dishonorably discharged from the service, the officers who manage the cemetery or place of burial are required to keep the grave properly marked and identified, and free from weeds and rubbish, and keep in decent order and repair and free from defacement, injury, and unlawful markings any tomb, monument, gravestone, wall, or other appurtenance to such grave.

Section 960.5 provides that, whenever in any cemetery or place of burial of human remains there is any known grave of a former soldier, sailor, or marine of the United States who was not dishonorably discharged from the service, the board of supervisors of any county as to territory, whether incorporated or not, within it, and the governing body of the city as to territory within it, with the consent of the officers who manage such cemetery or place of burial, if any may keep the grave properly marked and identified, and free from weeds and rubbish, and keep in decent order and repair and free from defacement, injury, and unlawful markings any tomb, monument, gravestone, wall, or other appurtenance to the grave.

Section 961 states that any fraternal or benevolent organization which maintains a plot in a place of burial mentioned which is devoted exclusively to the burial of soldiers, sailors, or marines of the United States, may apply under this article to the board of supervisors of the county in which the plot is maintained. 

Section 962 specifies that the officers who are charged by law with raising money by taxation for maintaining any cemetery or place of burial must fix the tax levy at an amount sufficient to comply with the requirements of this article.