What Are the Burial and Cremation Laws in Washington?

See who controls final arrangements, cremation and burial rules, and permit requirements in Washington.

Past the arrangements? Every settlement step that follows.

Frequently Asked Questions

Washington allows burial on private property. Since June 11, 2026, SHB 2239 (2026 c 173) expressly authorizes burial of human remains in a "family burial ground" designated on privately owned land and amends RCW 68.50.130 to add family burial grounds to the lawful places of disposition (alongside cemeteries and buildings dedicated exclusively to religious purposes). A natural person may designate the ground (written consent of all co-owners required; not permitted on land co-owned with a legal entity). Setbacks: at least 25 feet from parcel boundaries, 150 feet from designated critical areas, 100 feet from public rights-of-way or easements, 100 feet from drinking-water wells, and 200 feet from drinking-water springs; the burial ground may not exceed 10 percent of the parcel. Plot sales and fees are prohibited. Each interment must be reported to the Department of Archaeology and Historic Preservation and recorded with the county auditor within 30 days, and the burial ground must be disclosed before any sale of the property. Cities and counties may regulate or prohibit family burial grounds by ordinance. After cremation, alkaline hydrolysis, or natural organic reduction, remains may also be placed on private property with the owner's consent (RCW 68.50.130). A burial-transit permit is required (RCW 70.58A.210).

Washington has no statutory minimum waiting period before cremation. Person with disposition authority per RCW 68.50.160; the funeral establishment may not assume control of remains without authority from that person (WAC 308-48-040), and reduction may not take place until the burial-transit permit and authorization for the reduction method are obtained (WAC 308-47-040). Full disclosure regarding manner of disposition required (RCW 68.50.185).

Yes. Natural organic reduction (human composting) is legal in Washington.

Yes. Alkaline hydrolysis (water cremation) is legal in Washington.

Washington sets a statutory order for who controls the disposition of remains (RCW 68.50.160): Person designated on decedent's U.S. Department of Defense record of emergency data, then Person designated in a written document signed by the decedent with a witness present, then Surviving spouse or state registered domestic partner, and so on. You can also name your own agent to control your remains in a signed, written document before death. You can record those wishes alongside the rest of your estate plan when you create a revocable living trust.

No. Washington does not require embalming by law. No state law requires embalming. RCW 18.39.215 requires funeral directors to inform families that embalming is not required by state law. WAC 246-500-030 requires refrigeration or embalming upon receipt of remains. Refrigeration may be delayed up to 24 hours for ceremonial activities (washing, clothing, prayer) per the decedent's directions. The state Board of Health may establish conditions requiring embalming by rule, but no general mandate exists.

Washington does not require a licensed funeral director to direct disposition. RCW 70.58A.200 permits the report of death to be filed by "a funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160," and RCW 70.58A.210 issues the burial-transit permit to that same set of parties. A family member with disposition authority may therefore file the death report, obtain the burial-transit permit, and direct the entire disposition without a funeral director. Practical limits: a licensed crematory/facility must perform cremation, alkaline hydrolysis, or natural organic reduction (RCW 68.05.175), and a medical certifier must complete the cause-of-death portion of the death report.

Washington provides a publicly funded option when a family cannot pay for disposition: County board of commissioners (indigent disposition of remains). Eligible veterans may also be interred at no cost through the U.S. Department of Veterans Affairs. RCW 36.39.030 requires the board of county commissioners to "provide for the disposition of the remains of any indigent person including a recipient of public assistance who dies within the county and whose body is unclaimed by relatives or church organization." This is the county-level indigent-disposition obligation; contact the decedent's county (commissioners / coroner / social services) to apply. Veteran benefits: VA burial benefits and interment are available at Tahoma National Cemetery (Kent, WA), a VA national cemetery, and at the Washington State Veterans Cemetery (Medical Lake, near Spokane), operated by the WA Department of Veterans Affairs. Both are open to service members meeting a minimum active-duty requirement and discharged under conditions other than dishonorable; there is no charge for interment of an eligible veteran. State cemetery family-member interment carries a fee ($311 effective Oct 1, 2025). Verified via cem.va.gov and dva.wa.gov (2026-06-04).

Washington Estate Planning Resources

In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.