Deceased Indigent Program
San Benito County offers financial assistance for disposition of the remains for indigents. To qualify, both the decedent and the person legally responsible for the disposition of the remains must be legally indigent. California State law requires blood relatives of the deceased to provide for the disposition of the remains (Health and Safety Code sections 7100 and 7103). Failure to act in a timely manner is a criminal misdemeanor violation and could result in the next of kin being required to pay up to three times the cost of the disposition.
Section 7100 of the Health and Safety Code establishes next of kin.
The general order of priority for the duty of disposition of remains and the liability for reasonable costs is:
- Agent under a power of attorney for healthcare with right and duty of disposition
- Competent surviving spouse
- Competent adult children
- Competent parent(s)
- Competent adult sibling(s)
- Competent adult person in next degree of kinship
- Public Administrator
Residents of San Benito County may be eligible for assistance as required by law. Applicants must prove that the deceased and the next of kin are indigent and financially unable to pay for the disposition of the remains. If you feel you qualify, contact the Public Administrator (PA) at (831) 636-4043 to start the application process. At minimum a copy of the applicant’s and decedent’s last paycheck stubs and most current tax returns will need to be presented.
If you qualify for the deceased indigent program, San Benito County will handle final disposition of the remains.
If the deceased is a Veteran (Honorably discharged from the Armed Forces of the United States), the burial cannot be made in any cemetery or burial ground used exclusively for the pauper dead. Burial is often made in a military cemetery plot. Veteran Services can assist with the burial of a Veteran. A DD form 214, Veterans service number, or similar documentation will be needed to show the deceased served in, and was honorably discharged from, the Armed Forces of the United States. Contact Veteran Services at (831) 637-4846, to determine eligibility, and apply for assistance, for a military burial.