Protecting the Funeral Rights of Washingtonians

Conducting a home funeral doesn't require a licensed funeral director or a law degree, but the next-of-kin or designated agent is responsible for following the law. The resources below should make understanding and executing your legal responsibilities relatively straightforward. Following the law is about more than making sure you've done it correctly. It's also about making sure that the right to care for our dead in Washington is protected for others. 

On This Page

• Washington funeral laws and administrative rules
• Legal filing requirements
• Links to important offices
• ​What to do when rights are challenged

Washington Legal Essentials

• Washingtonians can care for their own dead. Washington law does not require you to involve a licensed funeral director in making or carrying out final arrangements. Anyone can perform the functions of a funeral director for family and community members as long as they’re not paid to do so. The legal term is “person having the right to control the disposition of the human remains.”
• Furthermore, Washington law protects these rights with RCW68.50.270: "Possession of human remains: The person or persons determined under RCW68.50.160 as having authority to order disposition is entitled to possession of the human remains without further intervention by the state or its political subdivisions."
• Washingtonians can determine what happens to their body after they die or can delegate that authority to a designated agent. RCW68.50.160(1) specifies: “A person has the right to control the disposition of his or her own remains without the predeath or postdeath consent of another person. A valid written document expressing the decedent's wishes regarding the place or method of disposition of his or her remains, signed by the decedent in the presence of a witness, is sufficient legal authorization for the procedures to be accomplished.” Immediate family are by law the default decision makers regarding physical remains.  Prearrangements that are prepaid, or filed with a licensed funeral establishment or cemetery authority, under RCW18.39.280 through 18.39.345 and RCW68.46 are not subject to cancellation or substantial revision by survivors. See also RCW68.50.160 (2).
• Hiring a funeral director is not required to file a death certificate (or “death report”). A person who has the right to control the disposition of someone’s remains can: a) complete a report of death; b) give the report of death to the medical certifier within two (2) calendar days of death or discovery to certify (see RCW70.58A.010(25) for definition of “medical certifier”); c) file the report of death with the local registrar; d) obtain a burial-transit permit from the local registrar (see RCW70.58A.210 for more about burial-transit permits). See RCW70.58A.200(3) and (6).*
• In Washington, the order of authority for making funeral arrangements is as follows (RCW68.50.160): a) The designated agent, if appointed by the deceased prior to death; b) The surviving spouse or state registered domestic partner; c) The majority of the surviving adult children of the decedent; d) The surviving parents of the decedent; e) The majority of the surviving siblings of the decedent; f) A court-appointed guardian for the person at the time of the person's death.
• The local registrar will file the report of death electronically with the Washington State Department of Health RCW70.58A.200(11). The Department of Health prepares and issues death certificates. See www.doh.wa.gov/LicensesPermitsandCertificates/BirthDeathMarriageandDivorce/OrderCertificates and WAC246-490 and 491.
• In Washington, it is legal for a family member, friend, or unpaid community member to transport a deceased body. According to WAC246-500-040. “(1) Persons who transport human remains must: a) Use effective hygienic measures consistent with handling potentially infectious material; and b) Obtain a burial-transit permit from the local health officer or local registrar of vital statistics within 72 hours of the death and prior to disposition or file a notice of removal according to requirements of RCW70.58A.210..."
• Washingtonians may not bury on their own property. In Washington, all burials must take place in an established cemetery. Pet burial is not allowed in cemeteries designated for human remains. RCW68.20.
• Embalming is not required in Washington "except that embalming is required under certain conditions as determined by rule by the state board of health" as stated in RCW18.39. 215.
• Burial vaults and caskets are not required by law for burial in Washington, but individual cemeteries may set their own rules and may require purchase of concrete or metal burial vaults (also called outer burial containers) and a casket, rather than a simple shroud, as a matter of cemetery policy. (See How to Go Out Greener.)
• Washington law defines fetal death by a weight of at least 350 grams or over 20 weeks gestation. RCW70.58A.010(12). "A certificate of every death or fetal death shall be filed with the local registrar of the district in which the death or fetal death occurred within three business days after the occurrence is known, or if the place of death or fetal death is not known, then with the local registrar of the district in which the human remains are found within one business day thereafter. In every instance a certificate shall be filed prior to the interment or other disposition of the human remains. However, a certificate of fetal death shall not be required if the period of gestation is less than twenty weeks." RCW70.58.160.

Washington Funeral Laws & Administrative Rules

Master List of Washington State Funeral Laws RCW§70.58
The Laws Relating to Cemeteries, Morgues, and Human Remains PDF
Cemeteries, Morgues, and Human Remains RCW§68
Handling of Human Remains (includes refrigeration, cremation and transportation of human remains) WAC 246-500
State Funeral Directors RCW§18.39
Embalmers - Funeral Directors Regulations RCW§18.39.215
Funeral Directors, Embalmers, Crematories, Alkaline Hydrolysis Facilities, and Natural Organic Reduction Facilities ​WAC 308-48
Vital Statistics ​RCW§70.58A
Cremation, Alkaline Hydrolysis, and Natural Organic Reduction WAC 308-47
Final Disposition Permit ​WAC 308-47A
Prearrangement for Funeral Services ​WAC 308-49
Prearrangement Funeral Service Contracts RCW§18.39.250
Tangible Gifts RCW§11.12.260
Natural Death Act RCW§70.122
Uniform Anatomical Gift Act RCW§68.64

Offices and Agencies Contact Information

Washington State Department of Health Center for Health Statistics
​Death Certificate Ordering Information
PO Box 9709
Olympia WA 98507-9709
(360) 236-4313

Washington State Local Health Departments and Districts Map Find your county or district on this interactive map to learn where to file.

Washington State Funeral and Cemetery Board Licenses funeral directors, embalmers, and cemetery operators within the state. Investigates violations of state regulations related to the funeral and cemetery industry, and recommend rules and regulations for administering licensing and regulatory laws.

LifeCenter Northwest Organ Donor Program
Facilitating the recovery and receipt of organ donations; also offers family support services and online organ donor registration Toll-free 1-877-275-5269.

Washington Association of Coroners and Medical Examiners The Washington Association of Coroners and Medical Examiners (WACME) is a professional organization of county coroners/medical examiners and their deputies in Washington State. Counties have their own medical examiners to investigate sudden, unexpected and unnatural deaths.

Regulations, Policies, and Laws: Professionals vs. Private Citizens

Regulations for Funeral Professionals vs. Private Citizens
Where a professional, licensed funeral director or practitioner is involved, Washington Funeral and Cemetery Board regulations must be followed. Funeral directors, embalmers, and others assisting in the preparation of human remains for final disposition must refrigerate or embalm the remains upon receipt. WAC246-500-030. However, for private citizens (persons acting according to the directions of the deceased or the person having the right to control the disposition of the remains under RCW68.50.160) refrigeration or other cooling can be delayed for certain activities, including washing, anointing, clothing, praying over, reading to, singing to, sitting with, guarding, viewing, or otherwise accompanying the deceased for a period of time. The State Board of Health is the agency responsible for making decisions that may affect the ability to conduct a home funeral.

What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Washington Legal Essentials above.)

Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals and read about an Oregon family's success in updating a hospital's body release policy following the death of their son.)

For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by reading our How To pages. Print out our For Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.

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Resources and Online Links

​FCA Your Funeral Rights
FCA Common Funeral Myths
FCA Restoring Families' Rights to Choose: The call for funeral legislation change in America (includes What to Do When Families' Rights are Challenged)

NHFREA Quick Guide to Legal Requirements 
The After-Death Care Educator Handbook
Washington Death Certificate Worksheet
Families Acting as Funeral Director
Designation of Agent Form

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​FCA = Funeral Consumer Alliance
​GBC = Green Burial Council
NEDA = National End-of-Life Doula Alliance
NHFA = National Home Funeral Alliance