Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 704.200 exempts a family plot without any claim, and exempts a cemetery plot held for the judgment debtor and the debtor's spouse, but does not protect land held for sale or other disposition as cemetery plots.
(1)"Cemetery" has the meaning provided by Section 7003 of the Health and Safety Code.
(2)"Family plot" is a plot that satisfies the requirements of Section 8650 of the Health and Safety Code.
(3)"Plot" has the meaning provided by Section 7022 of the Health and Safety Code.
(b)A family plot is exempt without making a claim.
(c)Except as provided in subdivision (d), a cemetery plot for the judgment debtor and the spouse of the judgment debtor is exempt.
(d)Land held for the purpose of sale or disposition as cemetery plots or otherwise is not exempt.
Plain-English Summary
Burial arrangements get their own narrow protection here. A family plot — one that meets the Health and Safety Code's requirements for that designation — is exempt without the debtor filing a claim. A cemetery plot for the judgment debtor and the debtor's spouse is exempt too, though the statute's text doesn't attach the same automatic, no-claim language to that protection that it gives the family plot.
What this section doesn't protect is land held as inventory rather than as a resting place. Subdivision (d) makes clear that land held for the purpose of sale or other disposition as cemetery plots isn't exempt — a debtor in the business of selling burial plots can't shield that inventory under this section.
Frequently Asked Questions
Is a family burial plot protected from creditors?
Yes, without filing a claim. Section 704.200(b) exempts a family plot that meets the Health and Safety Code's definition.
Does this exemption cover a cemetery plot purchased for myself and my spouse?
Yes, under § 704.200(c), except as described in subdivision (d).
Can I shield cemetery land I'm holding to sell to others?
No. Subdivision (d) excludes land held for the purpose of sale or other disposition as cemetery plots.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:cemetery plot exemption californiafamily burial plot exempt from creditors