What Are the Burial and Cremation Laws in Washington?
Washington allows you to name your own agent in advanceRCW 68.50.160(3)(b)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
Burial on private property is permittedRCW 68.50.110Verified Oct 17, 2026View source in Washington. Since June 11, 2026, a landowner may designate part of their own land as a family burial ground, with the written consent of every co-owner, set back from parcel lines, critical areas, roads and drinking-water sources and covering no more than 10 percent of the parcel (RCW 68.74.010). Plots may not be sold, and each interment is reported to the Department of Archaeology and Historic Preservation and recorded with the county auditor within 30 days (RCW 68.74.030, RCW 68.74.040).
Washington imposes no statutory minimum waiting periodRCW 68.50.110Verified Oct 17, 2026View source before cremation. The person with the right to control disposition under RCW 68.50.160 authorizes the reduction method, and a crematory may not proceed until it holds that authorization and the burial-transit permit (WAC 308-47-040). A funeral establishment may not take control of the remains without that person's authority (WAC 308-48-040).
Washington sets an order for who controls the disposition of remains: surviving spouse or state registered domestic partner, then majority of surviving adult children, then surviving parentsRCW 68.50.160Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceRCW 68.50.160(3)(b)Verified Oct 17, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.
Embalming is not required by lawRCW 68.50.110Verified Oct 17, 2026View source in Washington. No Washington law requires embalming, and the funeral director must say so (RCW 18.39.215). Whoever prepares the remains must refrigerate or embalm them on receipt, and refrigeration may wait up to 24 hours while family members wash, dress, pray over, view or sit with the deceased (WAC 246-500-030).
In Washington, a licensed funeral director is not required — a family may legally direct the disposition itselfRCW 70.58A.200Verified Oct 17, 2026View source. The person with the right to control disposition may file the report of death and obtain the burial-transit permit, the same steps a funeral director takes (RCW 70.58A.200, RCW 70.58A.210). Cremation, alkaline hydrolysis and natural organic reduction take place only at a licensed facility (RCW 68.05.175), and a medical certifier completes the cause of death.
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Learn moreForms for Planning and Settling an Estate in Washington
Free Washington forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Washington, creditors have 4 monthsRCW 11.40.051Verified Sep 9, 2026View source from first publication to present claims.
Renunciation of Executor
In Washington, a person named as personal representative may decline to serveRCW 11.28.010; RCW 11.28.120(1)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Washington, the Small Estate AffidavitRCW 11.62.010Verified Sep 9, 2026View source covers estates valued at $100,000RCW 11.62.010Verified Sep 9, 2026View source or less, 40 daysRCW 11.62.010Verified Sep 9, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Washington, the personal representative files the estate inventory within 90 daysRCW 11.44.015; RCW 11.44.025Verified Sep 15, 2026View source of appointment.
Estate Closing
In Washington, the personal representative is discharged automatically once the statutory period runsRCW 11.68.110(2)(b)(iv), (3), (4), (5)Verified Sep 15, 2026View source, and no final accounting is required.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Washington, a will is signed before 2RCW 11.12.020Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRCW 11.12.020Verified Oct 19, 2026View source.
Tools for Planning and Settling an Estate in Washington
Free calculators and checklists for planning or settling an estate in Washington: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Washington costs an estimated $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source. Attorney fees run 2.2%Modeled estimate under RCW 11.48.210 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.5%Modeled estimate under RCW 11.48.210 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Washington is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Washington, descendants divide what passes to them per capita with representationRCW §§ 11.04.015(2)(a), 11.02.005Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursRCW § 11.05A.020Verified Oct 21, 2026View source to inherit.
How Much Are Estate & Inheritance Taxes?
Washington levies an estate taxRCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source above $3,000,000RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source (top rate 20%RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Washington, beneficiaries owe no inheritance tax and the estate pays any estate taxRCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source above $3,000,000RCW 83.100.020(1)(a)(x), 83.100.040(2)(a)(iii); ESB 6347 (Ch. 209, Laws of 2026)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Washington take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces a 7% excise tax above $278,000, rising to 9.9% above $1,000,000; individuals only — estates and trusts are not subject to itRCW Ch. 82.87 (esp. § 82.87.040 rate, § 82.87.050 exclusions); ESSB 5096 (2021); SB 5813 Ch. 421 (2025 Laws) — added 9.9% tier on gains > $1MVerified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Washington costs an estimated $27,599RCW 11.48.210 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2.2%Modeled estimate under RCW 11.48.210 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.5%Modeled estimate under RCW 11.48.210 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate. Estates under $100,000RCW 11.62.010Verified Sep 9, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Washington pays executors reasonable compensationRCW 11.48.210 (reasonable compensation set by the court; no statutory percentage; compensation provided in the will controls unless renounced in writing before qualifying)Verified Sep 9, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 9, 2026View source of the estate.
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Washington Estate Planning Resources
In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.