Can you resell a cemetery plot in California?

Can you resell a cemetery plot in California?

David WhitfieldDavid Whitfield

1 min read - Last updated August 2026

Direct answer

Yes, in most cases - California law treats an interment right in a public cemetery district as a transferable property interest, subject to the district's own rules. Private and nonprofit cemeteries are governed by a different part of the same code and generally allow transfer too, but the process, fees, and any right of first refusal are set by the cemetery itself. Confirm the specific process with the cemetery or district before you list.

Selling in California

Start by confirming what kind of cemetery holds your plot. If it is a public cemetery district, California law treats your interment right as a transferable property interest, subject to the district's own policies. If it is a private or nonprofit cemetery, the transfer process is set by the cemetery rather than the district statute. Either way, ask the office or district for its current transfer requirements and any transfer fee before you list, and price against what the cemetery or district charges for a comparable plot today. For the full process, see how to sell a cemetery plot.

Buying in California

Call the cemetery office or district before you pay. Ask them to confirm the seller is the recorded holder and that they will record the transfer to you. Get their fee and paperwork requirements in writing, and treat the purchase as final only once the office or district confirms the transfer is complete. For the full process, see how to buy a cemetery plot.

Common questions

Is a California cemetery plot different from a public cemetery district plot?

Yes. Public cemetery districts are governed by specific Health and Safety Code sections covering interment rights as transferable property. Private and nonprofit cemeteries operate under a separate part of the Health and Safety Code, so their transfer process is set by the cemetery, not the district statute. Ask which type of cemetery holds your plot before you assume either process applies.

Does the cemetery or district charge a transfer fee in California?

It depends on the cemetery or district. There is no statewide fee - ask the office or district directly for its current transfer fee and required paperwork before you set your price.

Do I need permission before selling in California?

Ask first. Even where resale is generally allowed, the cemetery or district may require notice, its own forms, or proof that you are the recorded holder before it will record a new owner.

Sources

  • California Health and Safety Code Sections 9069.20 and 9069.40, applicable to public cemetery districts: https://www.leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?article=&chapter=5.5.&division=8.&lawCode=HSC&part=4.&title=

Last updated August 2026