2022 California Code
Health and Safety Code - HSC
DIVISION 8 - CEMETERIES
PART 3 - PRIVATE CEMETERIES
CHAPTER 5 - Endowment and Special Care
ARTICLE 2 - Care of Active Cemeteries
Section 8726.3.
8726.3. (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.
(Added by Stats. 2019, Ch. 309, Sec. 2. (AB 795) Effective January 1, 2020.)
