For California families whose relatives were buried far from home or in anonymous county plots, the rules just shifted in their favor. A new state law, AB 2331, is designed to make it easier to bring a loved one’s remains home for reburial when relatives run into dead ends in court.
AB 2331, signed by Gov. Gavin Newsom on July 13, 2026, clarifies what judges should do when required next-of-kin consent cannot be found. Supporters say the change responds to years of painful, drawn-out legal fights and is especially critical for veterans, farmworkers and immigrant families who may lack clear paperwork or relatives nearby. The law updates a nearly century-old section of California code and will influence how courts handle disinterment requests going forward.
What the law does
AB 2331 amends Section 7526 of the Health and Safety Code and spells out, in plain terms, what judges are supposed to do in certain cases. When necessary family consent cannot be obtained, “a court shall grant an application upon a showing of good cause.”
According to the bill text on California Legislative Information, putting that “good cause” standard directly into statute is meant to narrow judicial uncertainty and reduce wildly different results from courtroom to courtroom. The governor’s office, in a posting on the California Governor’s Office, lists AB 2331 among the bills signed on July 13, 2026.
A Fresno family’s fight pushed the issue
The dry statutory tweak has a very human backstory.
The bill was shaped in part by the long legal battle of Fresno resident Sylvia Zepeda-Lara, who asked the courts for permission to move the remains of her brother, Gilbert, after he died in 2006 and was buried in a county potter’s field. Zepeda-Lara said she was turned down twice and pleaded, “I just want my brother back,” as reported by The Sacramento Bee.
The Bee also reported that Fresno County did not report Gilbert Zepeda’s death to the state until 2017, a paperwork lag that only made the family’s efforts more difficult.
Author and lawmakers: clear rules, fairer outcomes
Legislative analysts say AB 2331 fills a long-standing gap in guidance for judges, who have traditionally handled disinterment petitions on a case-by-case basis under a strong presumption against disturbing remains. In its write-up, the California Senate Judiciary Committee notes that the bill’s author describes the measure as being “about making sure families are treated fairly and consistently when they have to go to court to move a loved one’s remains,” and stresses that the law is not meant to force disinterment when other interests clearly outweigh the family’s request.
The same analysis details existing notice requirements and prior case law that courts must still take into account. Those procedural rules stay in place; the new statute simply clarifies the standard judges should apply. The full discussion is laid out in the California Senate Judiciary Committee materials.
Who helped push it through
Advocates did not get the change alone, or overnight.
Local councils from the League of United Latin American Citizens (LULAC) and statewide Latino advocacy organizations worked alongside the Zepeda-Lara family and others to press lawmakers for a clearer legal path, according to The Sacramento Bee. Supporters told the Bee the measure is likely to matter most for families with loved ones buried in potter’s fields, veterans in county plots and migrant farmworkers whose deaths were poorly documented.
Attorneys who helped Zepeda-Lara in earlier rounds of court filings said the new statutory language should bring more predictability and spare families some of the emotional toll that comes with repeated denials.
Legal implications
On the ground, AB 2331 codifies the “good cause” standard but leaves judges with plenty of discretion in close calls. Courts can still weigh the wishes the deceased may have expressed, religious practices, and any legitimate objections from the cemetery or others with a legal interest.
The law preserves existing protections, including notice to the cemetery authority and any relatives who refused consent, while clarifying how judges should proceed when no consenting family member can be found at all. For full statutory language and committee commentary, see the bill text on California Legislative Information and the analysis from the California Senate Judiciary Committee.
Families who think they may qualify to ask a court to move a loved one’s remains are urged by supporters to talk with an attorney familiar with probate and health-and-safety code petitions before filing. For people like Zepeda-Lara, the new law offers a clearer path back into court and a renewed chance to finally bring a relative home.
