title: RCW 68.24.060

text:
Any part or subdivision of the property so mapped and plotted may, by order of the directors, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb the interred remains of any deceased person.
[ 1943 c 247 s 65; Rem. Supp. 1943 s 3778-65.]

catchline: Maps and plats—Amendment.


doc_type: statute

jurisdiction: wa

title: RCW 68.24.070

text:
After property is dedicated to cemetery purposes pursuant to RCW 68.24.010 through 68.24.060, neither the dedication, nor the title of a plot owner, shall be affected by the dissolution of the cemetery authority, by nonuser on its part, by alienation of the property, by any incumbrances, by sale under execution, or otherwise except as provided in *this act.
[ 1943 c 247 s 67; Rem. Supp. 1943 s 3778-67.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Permanency of dedication.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 68.24.080

text:
Dedication to cemetery purposes pursuant to *this act is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the placement of human remains, and a duty to, and for the benefit of, the general public.
[ 2005 c 365 s 74; 1943 c 247 s 68; Rem. Supp. 1943 s 3778-68.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.

catchline: Rule against perpetuities, etc., inapplicable.


title: RCW 68.24.090

text:
Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:
(1) That no placements of human remains were made in or that all placements of human remains have been removed from that portion of the property from which dedication is sought to be removed.
(2) That the portion of the property from which dedication is sought to be removed is not being used for placement of human remains.
(3) That notice of the proposed removal of dedication has been given in writing to both the funeral and cemetery board and the department of archaeology and historic preservation. This notice must be given at least sixty days before filing the proceedings in superior court. The notice of the proposed removal of dedication shall be recorded with the auditor or recording officer of the county where the cemetery is located at least sixty days before filing the proceedings in superior court.
[ 2009 c 102 s 13; 2005 c 365 s 75; 1999 c 367 s 2; 1987 c 331 s 34; 1943 c 247 s 76; Rem. Supp. 1943 s 3778-76.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.
Effective date—1987 c 331: See RCW 68.05.900.

catchline: Removal of dedication—Procedure.


title: RCW 68.24.100

text:
The notice of hearing provided in RCW 68.24.090 shall be given by publication once a week for at least three consecutive weeks in a newspaper of general circulation in the county where said cemetery is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from which the dedication is to be removed. The notice shall:
(1) Describe the portion of the cemetery property sought to be removed from dedication.
(2) State that all human remains have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication.
(3) Specify the time and place of the hearing.
[ 2005 c 365 s 76; 1943 c 247 s 77; Rem. Supp. 1943 s 3778-77.]

catchline: Notice of hearing.


title: RCW 68.24.110

text:
After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots or rights of interment subject to the rules in effect or thereafter adopted by the cemetery authority. Plots or rights of interment may be subject to other limitations, conditions, and restrictions as may be part of the declaration of dedication by reference, or included in the instrument of conveyance of the plot or rights of interment.
[ 2005 c 365 s 77; 1943 c 247 s 70; Rem. Supp. 1943 s 3778-70. FORMER PART OF SECTION: 1943 c 247 s 72 now codified as RCW 68.24.115.]

catchline: Sale of plots or rights of interment.


title: RCW 68.24.115

text:
All conveyances made by a cemetery authority shall be signed by such officer or officers as are authorized by the cemetery authority.
[ 1943 c 247 s 72; Rem. Supp. 1943 s 3778-72. Formerly RCW 68.24.110, part.]

catchline: Execution of conveyances.


title: RCW 68.24.120

text:
All plots or rights of interment, the use of which has been conveyed by deed or certificate of ownership as a separate plot or right of interment, are indivisible except with the consent of the cemetery authority, or as provided by law.
[ 2005 c 365 s 78; 1943 c 247 s 71; Rem. Supp. 1943 s 3778-71.]

catchline: Plots or rights of interment indivisible.


title: RCW 68.24.130

text:
It shall be unlawful for any person, firm, or corporation to sell or offer to sell a cemetery plot or right of interment upon the promise, representation, or inducement of resale at a financial profit. Each person violating this section shall be guilty of a misdemeanor and each violation shall constitute a separate offense.
[ 2005 c 365 s 79; 1943 c 247 s 73; Rem. Supp. 1943 s 3778-73.]

catchline: Sale for resale prohibited—Penalty.


title: RCW 68.24.140

text:
It shall be unlawful for a cemetery authority to pay or offer to pay to any person, firm, or corporation, directly or indirectly, a commission or bonus or rebate or other thing of value for the sale of a plot, right of interment, or services. This shall not apply to an owner or a person regularly employed by the cemetery authority for such purpose. Each person violating this section shall be guilty of a misdemeanor and each violation shall constitute a separate offense.
[ 2005 c 365 s 80; 1943 c 247 s 74; Rem. Supp. 1943 s 3778-74.]

catchline: Commission on sales prohibited—Penalty.


title: RCW 68.24.150

text:
Every person who pays, causes to be paid, or offers to pay to any other person, firm, or corporation, directly or indirectly, except as provided in RCW 68.24.140, any commission, bonus, or rebate, or other thing of value in consideration of recommending or causing the disposition of human remains in any cremation, alkaline hydrolysis, or natural organic reduction facility or cemetery, is guilty of a misdemeanor. Each violation constitutes a separate offense.
[ 2019 c 432 s 18; 2005 c 365 s 81; 1943 c 247 s 75; Rem. Supp. 1943 s 3778-75.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Unlawful employment of others to dispose of human remains.


title: RCW 68.24.160

text:
All mortgages, deeds of trust, and other liens placed upon property which has been dedicated as a cemetery, or which is afterwards dedicated to cemetery purposes pursuant to this section, shall not affect or defeat the dedication. The mortgage, deed of trust, or other lien is subject and subordinate to the dedication. Any and all sales made upon foreclosure are subject and subordinate to the dedication for cemetery purposes.
[ 2005 c 365 s 82; 1943 c 247 s 60; Rem. Supp. 1943 s 3778-60.]

catchline: Liens subordinate to dedication.


title: RCW 68.24.170

text:
A record shall be kept of the ownership of all plots or rights of interment in the cemetery, which have been conveyed by the cemetery authority and of all transfers of plots and rights of interment in the cemetery. No transfer of any plot or right of interment, shall be complete or effective until recorded on the books of the cemetery authority.
[ 2005 c 365 s 83; 1943 c 247 s 40; Rem. Supp. 1943 s 3778-40. FORMER PART OF SECTION: 1943 c 247 s 41 now codified as RCW 68.24.175.]

catchline: Record of ownership and transfers.


title: RCW 68.24.180

text:
After dedication under this title, and as long as the property remains dedicated to cemetery purposes, a railroad, street, road, alley, pipe line, pole line, or other public thoroughfare or utility shall not be laid out, through, over, or across any part of it without the consent of the cemetery authority or of not less than two-thirds of the owners of plots or rights of interment.
[ 2005 c 365 s 84; 1994 c 273 s 20; 1984 c 7 s 369; 1959 c 217 s 1; 1947 c 69 s 1; 1943 c 247 s 69; Rem. Supp. 1947 s 3778-69.]

catchline: Opening of roads, railroads through cemetery—Consent required.


title: RCW 68.24.190

text:
Every person who shall make or open any road, or construct any railway, turnpike, canal, or other public easement over, through, in, or upon any property used for the burial of human remains, without authority of law or the consent of the owner, shall be guilty of a misdemeanor.
[ 2005 c 365 s 85; 1909 c 249 s 241; RRS s 2493.]

catchline: Opening road through cemetery—Penalty.


title: RCW 68.24.220

text:
Whenever any part of such burying ground shall have been designated and appropriated by the owners as the burying place of any particular person or family, the same shall not be liable to be taken or disposed of by any warrant, execution, tax, or debt whatever; nor shall the same be liable to be sold to satisfy the demands of creditors whenever the estate of the owner shall be insolvent.
[ 2005 c 365 s 86; 1857 p 28 s 2; RRS s 3760.]
Notes:
Cemetery property exempt from taxation: RCW 84.36.020.

catchline: Burying place exempt from execution.


title: RCW 68.24.240

text:
Upon compliance with the requirements of *this act said lands shall forever be exempt from taxation, judgment and other liens and executions.
[ 1901 c 147 s 4; RRS s 3763.]
Notes:
*Reviser's note: "this act" appears in 1901 c 147, the remaining sections of which were repealed by 1943 c 247 s 148. These sections read as follows:
"Section 1. Any person owning any land, exclusive of encumbrances of any kind, situate two miles outside of the corporate limits of any incorporated city or town, may have the same reserved exclusively for burial and cemetery purposes by complying with the terms of this act, provided said lands so sought to be reserved shall not exceed in area one acre.
Sec. 2. Such person or persons shall cause such land to be surveyed and platted.
Sec. 3. A deed of dedication of said tract for burial and cemetery purposes with a copy of said plat shall be filed with the county auditor of the county in which said lands are situated and the title thereto shall be and remain in the owner, his heirs and assigns, subject to the trust aforesaid."
Property taxes, exemptions: RCW 84.36.020.

catchline: Certain cemetery lands exempt from taxes, etc.—1901 c 147.


title: RCW 68.24.250

text:
(1) Every cemetery shall disclose and give to the person making cemetery arrangements a written statement, contract, or other document that indicates all the items of property, merchandise, and service that the customer is purchasing, and the price of those items.
(2) Any cemetery offering single burial use of multiple interment space must include the following disclosure on the written statement, contract, or other document in conspicuous boldface type no smaller than other text provisions in the written statement, contract, or other document, to be initialed by the person making the cemetery arrangements in immediate proximity to the space reserved for the signature lines:
"DISCLOSURE OF MULTIPLE INTERMENT
State law provides that "multiple interment" means two or more noncremated human remains are buried in the ground, in outer burial enclosures or chambers, placed one on top of another, with a ground level surface the same size as a single grave or right of interment."
[ 2005 c 359 s 2.]

catchline: Cemetery arrangements, notice requirements—Disclosure of multiple interment.


title: RCW 68.28.010

text:
RCW 68.28.020 through 68.28.070, 68.20.080, * 68.20.090, 68.56.040, and 68.56.050, apply to all buildings, mausoleums, and columbariums used or intended to be used for the placement of the human remains of fifteen or more persons, whether erected under or above the surface of the earth, where any portion of the building is exposed to view or, when interment is completed, is less than three feet below the surface of the earth and covered by earth.
[ 2005 c 365 s 87; 1943 c 247 s 134; Rem. Supp. 1943 s 3778-134.]
Notes:
*Reviser's note: RCW 68.20.090 was repealed by 2005 c 365 s 161.

catchline: Sections applicable to mausoleums, columbariums, etc.


title: RCW 68.28.020

text:
A building not erected for, or which is not used as, a place for placement of human remains which is converted or altered for such use is subject to *this act.
[ 2005 c 365 s 88; 1943 c 247 s 135; Rem. Supp. 1943 s 3778-135.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.

catchline: Building converted to use for human remains placement.


title: RCW 68.28.030

text:
No building or structure intended to be used for the placement of human remains shall be constructed, and a building not used for the placement of human remains shall not be altered for use or used for interment purposes, unless constructed of such material and workmanship as will ensure its durability and permanence as dictated and determined at the time by modern mausoleum construction and engineering science.
[ 2005 c 365 s 89; 1943 c 247 s 136; Rem. Supp. 1943 s 3778-136.]

catchline: Standards of construction.


title: RCW 68.28.040

text:
All mausoleums or columbariums hereafter constructed shall be of class A fireproof construction.
[ 1943 c 247 s 137; Rem. Supp. 1943 s 3778-137.]

catchline: Fireproof construction.


title: RCW 68.28.050

text:
If the proposed site is within the jurisdiction of a city having ordinances and specifications governing class A construction, the provisions of the local ordinances and specifications shall not be violated.
[ 1943 c 247 s 138; Rem. Supp. 1943 s 3778-138.]

catchline: Ordinances and specifications to be complied with.


title: RCW 68.28.060

text:
Every owner or operator of a mausoleum or columbarium erected in violation of *this act is guilty of maintaining a public nuisance. A violation of this section is a gross misdemeanor.
[ 2005 c 365 s 90; 2003 c 53 s 306; 1943 c 247 s 140; Rem. Supp. 1943 s 3778-140.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Improper construction a nuisance—Penalty.


title: RCW 68.28.065

text:
The costs, expenses and disbursements shall be fixed by the court having jurisdiction of the case.
[ 1943 c 247 s 141; Rem. Supp. 1943 s 3778-141.]

catchline: Court to fix costs.


title: RCW 68.28.070

text:
The penalties of *this act shall not apply as to any building which, at the time of construction was constructed in compliance with the laws then existing, if its use is not in violation of the laws for the protection of public health.
[ 1943 c 247 s 142; Rem. Supp. 1943 s 3778-142.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.

catchline: Construction in compliance with existing laws.


title: RCW 68.28.080

text:
This chapter does not apply to mausoleums and columbaria constructed on a family burial ground established pursuant to chapter 68.74 RCW.
[ 2026 c 173 s 17.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: Application to family burial grounds.


title: RCW 68.32.010

text:
All plots or rights of interment conveyed to individuals are presumed to be the sole and separate property rights of the owner named in the instrument of conveyance.
[ 2005 c 365 s 91; 1943 c 247 s 88; Rem. Supp. 1943 s 3778-88.]

catchline: Presumption as to title.


title: RCW 68.32.020

text:
The spouse or state registered domestic partner , of an owner of any plot or right of interment containing more than one placement space has a vested right of placement in the plot and any person thereafter becoming the spouse or state registered domestic partner , of the owner has a vested right of placement in the plot if more than one space is unoccupied at the time the person becomes the spouse or state registered domestic partner , of the owner.
[ 2007 c 156 s 15; 2005 c 365 s 92; 1943 c 247 s 89; Rem. Supp. 1943 s 3778-89.]

catchline: Vested right of spouse or state registered domestic partner.


title: RCW 68.32.030

text:
No conveyance or other action of the owner without the written consent of the spouse or state registered domestic partner , of the owner divests the spouse or state registered domestic partner , of a vested right of placement. A final decree of divorce between them or certification of termination of the state registered domestic partnership terminates the vested right of placement unless otherwise provided in the decree.
[ 2007 c 156 s 16; 2005 c 365 s 93; 1943 c 247 s 90; Rem. Supp. 1943 s 3778-90.]

catchline: Vested right—Termination.


title: RCW 68.32.040

text:
If no placement is made in a plot or right of interment, which has been transferred by deed or certificate of ownership to an individual owner, the title descends to the surviving spouse or state registered domestic partner. If there is no surviving spouse or state registered domestic partner, the title descends to the heirs at law of the owner. Following death of the owner, if all remains previously placed are lawfully removed and the owner did not dispose of the plot or right of interment by specific devise or by a written declaration filed and recorded in the office of the cemetery authority, the title descends to the surviving spouse or state registered domestic partner. If there is no surviving spouse or state registered domestic partner, the title descends to the heirs at law of the owner.
[ 2007 c 156 s 17; 2005 c 365 s 94; 1979 c 21 s 15; 1943 c 247 s 91; Rem. Supp. 1943 s 3778-91.]

catchline: Descent of title to plot or right of interment.


title: RCW 68.32.050

text:
An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot or right of interment pursuant to RCW 68.32.010 through 68.32.040, is complete authorization to the cemetery authority to permit the use of the unoccupied portions of the plot or interment right by the person entitled to the use of it.
[ 2005 c 365 s 95; 1943 c 247 s 93; Rem. Supp. 1943 s 3778-93.]

catchline: Affidavit as authorization.


title: RCW 68.32.060

text:
Whenever an interment of the human remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is made in a plot transferred by deed or certificate of ownership to an individual owner and both the owner and the surviving spouse or state registered domestic partner, if any, die with children then living without making disposition of the plot either by a specific devise, or by a written declaration filed and recorded in the office of the cemetery authority, the plot shall thereafter be held as a family plot and shall be subject to sale only upon agreement of the children of the owner living at the time of sale.
[ 2007 c 156 s 18; 2005 c 365 s 96; 1979 c 21 s 16; 1943 c 247 s 98; Rem. Supp. 1943 s 3778-98.]

catchline: Family plot—Sale.


title: RCW 68.32.070

text:
In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of placement in the plot or right of interment conveyed.
[ 2005 c 365 s 97; 1943 c 247 s 94; Rem. Supp. 1943 s 3778-94.]

catchline: Joint tenants—Vested rights.


title: RCW 68.32.080

text:
Upon the death of a joint tenant, the title to the plot or right of interment held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of the deceased joint tenant.
[ 2005 c 365 s 98; 1943 c 247 s 95; Rem. Supp. 1943 s 3778-95.]
Notes:
Co-owners, simultaneous death: RCW 11.05A.040.

catchline: Joint tenants—Survivorship.


title: RCW 68.32.090

text:
An affidavit by any person having knowledge of the fact of the death of one joint tenant and establishing the identity of the surviving joint tenants named in the deed to any plot or right of interment, when filed with the cemetery authority, is complete authorization to the cemetery authority to permit the use of the unoccupied portion of the plot or right of interment in accordance with the directions of the surviving joint tenants.
[ 2005 c 365 s 99; 1943 c 247 s 96; Rem. Supp. 1943 s 3778-96.]

catchline: Joint tenants—Identification.


title: RCW 68.32.100

text:
When there are several owners of a plot or right of interment, they may designate one or more persons to represent the plot or interment right and file written notice of designation with the cemetery authority. In the absence of such notice or of written objection to its so doing, the cemetery authority is not liable to any owner for permitting the placement in the plot or right of interment upon the request or direction of any co-owner of the plot or right of interment.
[ 2005 c 365 s 100; 1943 c 247 s 97; Rem. Supp. 1943 s 3778-97.]

catchline: Co-owners may designate representative.


title: RCW 68.32.110

text:
In a family plot one right of interment may be used for the owner's interment and one for the owner's surviving spouse or state registered domestic partner, if any. Any unoccupied spaces may then be used by the remaining parents and children of the deceased owner, if any, then to the spouse or state registered domestic partner of any child of the owner, then to the heirs at law of the owner, in the order of death.
[ 2007 c 156 s 19; 2005 c 365 s 101; 1943 c 247 s 99; Rem. Supp. 1943 s 3778-99.]

catchline: Order of interment—General.


title: RCW 68.32.130

text:
Any surviving spouse, state registered domestic partner, parent, child, or heir having a right of placement in a family plot may waive such right in favor of any other relative, spouse, or state registered domestic partner of a relative of the deceased owner. Upon such a waiver, the remains of the person in whose favor the waiver is made may be placed in the plot.
[ 2007 c 156 s 20; 2005 c 365 s 102; 1943 c 247 s 101; Rem. Supp. 1943 s 3778-101.]

catchline: Waiver of right of placement.


title: RCW 68.32.140

text:
A vested right of placement may be waived and is terminated upon the placement elsewhere of the remains of the person in whom vested.
[ 2005 c 365 s 103; 1943 c 247 s 102; Rem. Supp. 1943 s 3778-102.]

catchline: Termination of vested right by waiver.


title: RCW 68.32.150

text:
No vested right of interment gives any person the right to have his or her remains interred in any interment space in which the remains of any deceased person having a prior vested right of interment have been interred. No vested right of interment gives any person the right to have the remains of more than one deceased person placed in a single space in violation of the rules and regulations of the cemetery in which the space is located.
[ 2005 c 365 s 104; 1943 c 247 s 103; Rem. Supp. 1943 s 3778-103.]

catchline: Limitations on vested rights.


title: RCW 68.32.160

text:
A cemetery authority may take and hold any plot or right of interment conveyed to it by the plot owner so that it will be nontransferable. Placements shall be restricted to the persons designated in the conveyance.
[ 2005 c 365 s 105; 1943 c 247 s 104; Rem. Supp. 1943 s 3778-104.]

catchline: Conveyance of plot or right of interment to cemetery authority, effect.


title: RCW 68.32.170

text:
Cemetery property passing to an individual by reason of the death of the owner is exempt from all inheritance taxes.
[ 1943 c 247 s 92; Rem. Supp. 1943 s 3778-92.]
Notes:
Reviser's note: The inheritance tax was repealed by 1981 2nd ex.s. c 7 s 83.100.160 (Initiative Measure No. 402). See RCW 83.100.900. For later enactment, see chapter 83.100 RCW.

catchline: Exemption from inheritance tax.


title: RCW 68.36.010

text:
The ownership or right to unoccupied cemetery space in this state shall, upon abandonment, be subject to forfeiture and sale by the person or entity having ownership or management of the cemetery. Unoccupied cemetery space is presumed to be abandoned if it has been neglected and in a state of disrepair for a period of five years.
[ 2005 c 365 s 106; 1943 c 247 s 78; Rem. Supp. 1943 s 3778-78.]

catchline: Sale of abandoned space—Presumption of abandonment.


title: RCW 68.36.020

text:
Cemetery management shall place a suitable notice on each unoccupied space, setting forth the date the notice is placed and that the unoccupied space is subject to forfeiture and sale by the cemetery. If the owner of the unoccupied space fails during the next three years following the date of the notice to maintain or care for the unoccupied space, the cemetery may reclaim the unoccupied space. However, such a notice cannot be placed on the unoccupied space in any cemetery lot until twenty years have elapsed since the last interment in any such lot of a member of the immediate family of the record owner.
[ 2005 c 365 s 107; 1943 c 247 s 79; Rem. Supp. 1943 s 3778-79.]


title: RCW 68.36.030

text:
After a three-year period, the owner or manager of the cemetery may file a verified petition in the office of the county clerk, setting forth the facts relating to the abandonment. The petition may ask for an order of the superior court for abandonment.
At the time of filing the petition, the cemetery authority shall request a hearing of the petition. The superior court will fix the time for the hearing. Not less than sixty days before the time fixed for the hearing of the petition, notice and nature of the hearing shall be given to the owner of such unoccupied space.
[ 2005 c 365 s 108; 1943 c 247 s 80; Rem. Supp. 1943 s 3778-80.]

catchline: Petition for order of abandonment—Notice and hearing.


title: RCW 68.36.040

text:
The notice may be served personally upon the owner, or may be given by the mailing of the notice by registered mail to the owner to his or her last known address and by publishing the notice three times in a legal newspaper published in the county in which the cemetery is located. In the event that the whereabouts of the owner is unknown, then the notice may be given by publishing the notice three times in a legal newspaper as required by this section. The cemetery authority may file an affidavit in the proceeding to the effect that the owner is unknown and that the cemetery exercised diligence in attempting to locate the unknown parties. The affidavit shall be conclusive to that effect.
[ 2005 c 365 s 109; 1943 c 247 s 81; Rem. Supp. 1943 s 3778-81.]

catchline: Service of notice.


title: RCW 68.36.050

text:
An owner or claimant may appear and answer the allegations of the petition. If an owner fails to do so prior to the day fixed for hearing, a default shall be entered and it shall then be the duty of the superior court to immediately enter an order adjudging the unoccupied space to have been abandoned and subject to sale. In the event the owner or claimant shall appear and file his or her answer prior to the day fixed for the hearing, the presumption of abandonment shall no longer exist, and on the day fixed for the hearing of the petition or on any subsequent day to which the hearing of the cause is adjourned, the allegations and proof of the parties shall be presented to the court and if the court shall determine that there has been a continued failure to maintain or care for the unoccupied space for a period of three consecutive years preceding the filing of the petition, an order shall be entered accordingly adjudging the unoccupied space to have been abandoned and subject to sale at the expiration of one year by the person, association, corporation, or municipality having ownership of the cemetery containing the same. Upon any adjudication of abandonment, the court shall fix such sum as it shall deem reasonable as attorneys' fees for petitioner's attorney for rights of interment adjudged to have been abandoned in such proceedings.
[ 2005 c 365 s 110; 1943 c 247 s 82; Rem. Supp. 1943 s 3778-82.]

catchline: Hearing—Order—Attorneys' fees.


title: RCW 68.36.060

text:
If at any time before the adjudication of abandonment the owner of an unoccupied space contracts with the owner or manager of the cemetery for the endowment care of the space, the court shall dismiss the proceedings as to such unoccupied space.
[ 1953 c 290 s 1; 1943 c 247 s 83; Rem. Supp. 1943 s 3778-83.]

catchline: Contract for care before adjudication.


title: RCW 68.36.070

text:
If at any time within one year after the adjudication of abandonment, the former owner of the unoccupied space shall contract for its endowment care, and reimburse the owner or manager of the cemetery for the expense of the proceedings, including attorney's fees, the space shall not be sold and the order adjudging it to have been abandoned shall be vacated upon petition of the former owner.
[ 1953 c 290 s 2; 1943 c 247 s 84; Rem. Supp. 1943 s 3778-84.]

catchline: Contract for care within one year after adjudication.


title: RCW 68.36.080

text:
One year after the entry of the order adjudging such lot, part of lot, lots or parts of lots to have been abandoned, the owner or manager of the cemetery in which the same is located shall have the power to sell the same, in whole or in part, at public or private sale, and convey by deed good, clear and sufficient title thereto.
[ 1943 c 247 s 85; Rem. Supp. 1943 s 3778-85.]

catchline: Sale after one year.


title: RCW 68.36.100

text:
In any one petition for abandonment, a petitioner may, irrespective of diversity of ownership, include in any such petition as many lots or parts of lots as come within the provisions of *this act. The petition for abandonment shall be entitled: "In the Matter of the Abandonment, Forfeiture and Sale of Unoccupied and Uncared for Space located in . . . . . . . . . Cemetery."
[ 1943 c 247 s 87; Rem. Supp. 1943 s 3778-87.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.

catchline: Petition may cover several lots.


title: RCW 68.40.010

text:
A cemetery authority not exempt under this chapter shall deposit in an endowment care fund not less than the following amounts for plots or interment rights sold: Ten percent of the gross sales price for each grave, niche, or crypt.
In the event that a cemetery authority sells an interment right at a price that is less than its current list price, or gives away, bequeaths, or otherwise gives title to an interment right, the interment right shall be endowed at the rate at which it would normally be endowed.
The deposits shall be made not later than the twentieth day of the month following the final payment on the sale price. If a contract for interment rights is sold, pledged, or otherwise encumbered as security for a loan by the cemetery authority, the cemetery authority shall pay into the endowment care fund ten percent of the gross sales price of the interment right within twenty days of receipt of payment of the proceeds from such sale or loan.
Any cemetery hereafter established shall have deposited in an endowment care fund the sum of twenty-five thousand dollars before selling any interment right.
[ 2005 c 365 s 111; 1987 c 331 s 35; 1984 c 53 s 1; 1961 c 133 s 2; 1953 c 290 s 4; 1943 c 247 s 118; Rem. Supp. 1943 s 3778-118.]

catchline: Cemetery authorities—Deposit in endowment care fund required.


title: RCW 68.40.025

text:
Cemeteries with nonendowed sections opened before July 1, 1987, shall only be required to endow sections opened after July 1, 1987. On the face of any contract, receipt, or deed used for sales of nonendowed interment rights shall be prominently displayed the words "Nonendowment section." All nonendowed sections shall be identified as such by posting of a legible sign containing the following phrase: "Nonendowment section."
[ 2005 c 365 s 112; 1987 c 331 s 36.]

catchline: Nonendowed sections—Identification.


title: RCW 68.40.040

text:
A cemetery authority not exempt under this chapter shall file in its principal office for review by plot owners the previous seven fiscal years' endowment care reports as filed with the funeral and cemetery board in accordance with RCW 68.44.150.
[ 2009 c 102 s 14; 1987 c 331 s 37; 1953 c 290 s 7; 1943 c 247 s 122; Rem. Supp. 1943 s 3778-122.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.

catchline: Endowment care fiscal reports—Review by plot owners.


title: RCW 68.40.060

text:
The cemetery authority of an endowment care cemetery may accept any property bequeathed, granted, or given to it in trust and may apply the income from such property to any or all of the following purposes:
(1) Improvement or embellishment of all or any part of the cemetery;
(2) Erection, renewal, repair, or preservation of any monument, fence, building, or other structure in the cemetery;
(3) Planting or cultivation of trees, shrubs, or plants in or around any part of the cemetery;
(4) Special care or ornamenting of any part of any interment right, section, or building in the cemetery; and
(5) Any purpose or use consistent with the purpose for which the cemetery was established or is maintained.
[ 2005 c 365 s 113; 1987 c 331 s 38; 1953 c 290 s 8; 1943 c 247 s 129; Rem. Supp. 1943 s 3778-129.]

catchline: May accept property in trust—Application of income.


title: RCW 68.40.085

text:
It is a misdemeanor for any cemetery authority, its officers, employees, or agents, or a cemetery broker or salesperson to represent that an endowment care fund, or any other fund set up for maintaining care, is perpetual.
[ 2012 c 117 s 311; 1953 c 290 s 24.]

catchline: Representing fund as perpetual—Penalty.


title: RCW 68.40.090

text:
Any person, partnership, corporation, association, or his or her or its agents or representatives who shall violate any of the provisions of this chapter or make any false statement appearing on any sign, contract, agreement, receipt, statement, literature, or other publication shall be guilty of a misdemeanor.
[ 2012 c 117 s 312; 1987 c 331 s 39; 1943 c 247 s 125; Rem. Supp. 1943 s 3778-125.]

catchline: Penalty.


title: RCW 68.40.095

text:
This chapter does not apply to any cemetery controlled and operated by a coroner, county, city, town, or cemetery district.
[ 1987 c 331 s 40.]

catchline: Certain cemeteries exempt from chapter.


title: RCW 68.40.100

text:
After June 7, 1979, no nonendowment care cemetery may be established. However, any nonendowment care cemetery in existence on June 7, 1979, may continue to operate as a nonendowment care cemetery.
[ 1979 c 21 s 18.]

catchline: Only nonendowment care cemeteries now in existence are authorized.


title: RCW 68.44.010

text:
Any cemetery authority not exempt under chapter 68.40 RCW shall establish, maintain, and operate an inviolable endowment care fund. Endowment care, special care, and other cemetery authorities' endowment care funds may be commingled for investment and the income therefrom shall be divided between the funds in the proportion that each contributed to the sum invested. The funds shall be held in the name of the trustees appointed by the cemetery authority with the words "endowment care fund" being a part of the name.
[ 1987 c 331 s 41; 1953 c 290 s 11; 1943 c 247 s 105; Rem. Supp. 1943 s 3778-105.]

catchline: Funds authorized—Investments.


title: RCW 68.44.020

text:
Endowment care funds shall not be used for any purpose other than to provide, through income only, for the endowment care stipulated in the instrument by which the fund was established. Endowment care funds shall be kept separate and distinct from all assets of the cemetery authority. Endowment care principal shall remain inviolable and may not be reduced in any way not found within RCW 11.100.020.
[ 2005 c 365 s 114; 1987 c 331 s 42; 1953 c 290 s 12. Prior: (i) 1943 c 247 s 106; Rem. Supp. 1943 s 3778-106. (ii) 1943 c 247 s 126; Rem. Supp. 1943 s 3778-126.]

catchline: Use and care of funds.


title: RCW 68.44.030

text:
Endowment care funds shall be kept invested in accordance with the provisions of RCW 11.100.020 subject to the following restrictions:
(1) No officer or director of the cemetery authority, trustee of the endowment care or special care funds, or spouse, sibling, parent, grandparent, or issue of such officer, director, or trustee, shall borrow any of such funds for himself or herself, directly or indirectly.
(2) No funds shall be loaned to the cemetery authority, its agents, or employees, or to any corporation, partnership, or other business entity in which the cemetery authority has any ownership interest.
(3) No funds shall be invested with persons or business entities operating in a business field directly related to cemeteries, including, but not limited to, mortuaries, monument production and sales, florists, and rental of funeral facilities.
(4) Notwithstanding any other provisions contained in this section, funds may be invested in any commercial bank, mutual savings bank, or savings and loan association duly chartered and operating under the laws of the United States or statutes of the state of Washington.
[ 2012 c 117 s 313; 1985 c 30 s 138. Prior: 1984 c 149 s 175; 1979 c 21 s 19; 1953 c 290 s 13; 1943 c 247 s 127; Rem. Supp. 1943 s 3778-127.]
Notes:
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: Authorized investments.


title: RCW 68.44.060

text:
Every director or officer authorizing or consenting to a loan, and the person who receives a loan, in violation of RCW 68.44.030 are severally guilty of a class C felony punishable under chapter 9A.20 RCW.
[ 1984 c 53 s 2; 1943 c 247 s 133; Rem. Supp. 1943 s 3778-133.]

catchline: Unauthorized loans—Penalty.


title: RCW 68.44.070

text:
Contributions to endowment care and special care funds are permitted for charitable purposes. Endowment care and such contributions are provisions for the discharge of a duty from the persons contributing to the persons interred or to be interred in the cemetery. This provision is for the benefit and protection of the public by preserving and keeping cemeteries from becoming neglected places of disgrace in the communities they serve.
[ 2005 c 365 s 115; 1953 c 290 s 16. Prior: (i) 1943 c 247 s 130; Rem. Supp. 1943 s 3778-130. (ii) 1943 c 247 s 117; Rem. Supp. 1943 s 3778-117.]

catchline: Use of contributions to funds.


title: RCW 68.44.080

text:
The cemetery authority may adopt plans for the care, maintenance, and embellishment of its cemetery. A cemetery authority may charge and collect from all purchasers of plots or rights of interment a reasonable sum that will generate a fund, and the income from the fund will provide care, maintenance, and embellishment on an endowment basis.
[ 2005 c 365 s 116; 1953 c 290 s 17; 1943 c 247 s 108; Rem. Supp. 1943 s 3778-108.]

catchline: Plans for care—Financing.


title: RCW 68.44.090

text:
Upon payment of the purchase price and the contribution for endowment care, a deed of conveyance or other instrument may include an agreement to care for the cemetery, on an endowment basis to the extent the income will permit.
[ 2005 c 365 s 117; 1953 c 290 s 18; 1943 c 247 s 109; Rem. Supp. 1943 s 3778-109.]

catchline: Covenant to care for cemetery.


title: RCW 68.44.100

text:
Upon the application of an owner of a plot, and upon the payment by the owner of the amount fixed as a reasonable and proportionate contribution for endowment care, a cemetery authority may enter into an agreement with the owner for the special care of his or her plot and its appurtenances.
[ 2005 c 365 s 118; 1953 c 290 s 19; 1943 c 247 s 110; Rem. Supp. 1943 s 3778-110.]

catchline: Agreement by owner to care for plot.


title: RCW 68.44.110

text:
Unless an association of lot owners has been created for the purpose of appointing trustees, the cemetery authority shall appoint a minimum of three trustees for its endowment care fund, who shall hold office subject to the direction of the cemetery authority.
[ 2005 c 365 s 119; 1987 c 331 s 43; 1953 c 290 s 20; 1943 c 247 s 111; Rem. Supp. 1943 s 3778-111.]

catchline: Trustees of fund.


title: RCW 68.44.115

text:
To be considered qualified as a trustee, each trustee of an endowment care fund appointed in accordance with this chapter shall file with the board a statement of acceptance of fiduciary responsibility, on a form approved by the board, before assuming the duties of trustee. The trustee shall remain in the trustee's fiduciary capacity until such time as the trustee advises the funeral and cemetery board in writing of the trustee's resignation of trusteeship.
[ 2009 c 102 s 15; 1987 c 331 s 44.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.

catchline: Trustee to file statement with board—Resignation of trusteeship.


title: RCW 68.44.120

text:
The directors of a cemetery authority may be the trustees of its endowment care fund. When the fund is in the care of the directors, the secretary of the cemetery authority shall keep a true record of all of its proceedings.
[ 2005 c 365 s 120; 1987 c 331 s 45; 1953 c 290 s 21; 1943 c 247 s 112; Rem. Supp. 1943 s 3778-112.]

catchline: Directors as trustees—Secretary.


title: RCW 68.44.130

text:
In lieu of the appointment of a board of trustees of its endowment care fund, a cemetery authority may appoint, as sole trustee of its endowment care fund, any bank or trust company qualified to engage in the trust business. The bank or trust company shall be authorized to receive and accept the endowment care fund at the time of its appointment.
[ 2005 c 365 s 121; 1987 c 331 s 46; 1943 c 247 s 113; Rem. Supp. 1943 s 3778-113.]

catchline: Bank or trust company as trustee.


title: RCW 68.44.140

text:
Compensation to the board of trustees or trustee for services as trustee and other compensation for administration of trust funds shall not exceed the customary fees charged by banks and trust companies for like services. Such fees may not be paid from the fund principal.
[ 2005 c 365 s 122; 1987 c 331 s 47; 1979 c 21 s 20; 1943 c 247 s 114; Rem. Supp. 1943 s 3778-114.]

catchline: Compensation of trustees.


title: RCW 68.44.150

text:
The cemetery authority or the trustees in whose names the funds are held shall, annually, and within ninety days after the end of the calendar or fiscal year of the cemetery authority, file in its office and with the funeral and cemetery board endowment care trust fund, a report showing the actual financial condition of the funds. The report must be signed by an officer of the cemetery authority or one or more of the trustees. The report must be maintained for a period of seven years.
[ 2009 c 102 s 16; 2005 c 365 s 123; 1987 c 331 s 48; 1979 c 21 s 21; 1943 c 247 s 115; Rem. Supp. 1943 s 3778-115.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.

catchline: Annual report.


title: RCW 68.44.160

text:
A cemetery authority which has established an endowment care fund may take and hold, as a part of the fund, any property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to it for its endowment care fund.
[ 2005 c 365 s 124; 1953 c 290 s 22; 1943 c 247 s 116; Rem. Supp. 1943 s 3778-116.]

catchline: Contributions.


title: RCW 68.44.170

text:
The income from the endowment care fund shall be used solely for the general care, maintenance, and embellishment of the cemetery, and shall be applied in such manner as the cemetery authority may from time to time determine to be for the best interest of the cemetery.
[ 1953 c 290 s 23; 1943 c 247 s 107; Rem. Supp. 1943 s 3778-107.]

catchline: Use of income from fund.


title: RCW 68.44.180

text:
This chapter does not apply to any cemetery controlled and operated by a coroner, county, city, town, or cemetery district.
[ 1987 c 331 s 49.]

catchline: Certain cemeteries exempt from chapter.


title: RCW 68.46.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the funeral and cemetery board established under RCW 18.39.173 or its authorized representative.
(2) "Cemetery merchandise or services" and "merchandise or services" mean those services normally performed by cemetery authorities, including the sale of monuments, markers, memorials, nameplates, liners, vaults, boxes, urns, vases, interment services, or any one or more of them.
(3) "Prearrangement contract" means a contract for purchase of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves to be furnished at a future date for a specific consideration which is paid in advance by one or more payments in one sum or by installment payments.
(4) "Prearrangement trust fund" means all funds required to be maintained in one or more funds for the benefit of beneficiaries by either this chapter or by the terms of a prearrangement contract, as herein defined.
(5) "Undeveloped grave" means any grave in an area which a cemetery authority has not landscaped, groomed, or developed to the extent customary in the cemetery industry.
[ 2009 c 102 s 17; 2005 c 365 s 125; 1979 c 21 s 22; 1975 1st ex.s. c 55 s 1; 1973 1st ex.s. c 68 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.

catchline: Definitions.


title: RCW 68.46.020

text:
Any cemetery authority selling by prearrangement contracts any merchandise or services shall establish and maintain one or more prearrangement trust funds for the benefit of beneficiaries of prearrangement contracts.
[ 2005 c 365 s 126; 1973 1st ex.s. c 68 s 2.]

catchline: Prearrangement trust funds—Required.


title: RCW 68.46.030

text:
(1) For each prearrangement contract, a cemetery authority shall deposit the greater of the following amounts in its prearrangement trust fund:
(a) For merchandise:
(i) Fifty percent of the contract price; or
(ii) The wholesale cost of the item.
(b) For services:
(i) Fifty percent of the contract price; or
(ii) The direct cost of providing the service.
(2) Any cemetery authority which does not file and maintain with the board a bond as provided in subsection (4) of this section shall deposit in its prearrangement trust fund an amount as determined under subsection (1) of this section, excluding sales tax and endowment care if such charge is made.
(3) Any cemetery authority which files and maintains with the board a bond as provided in subsection (4) of this section may retain the nontrustable portion of the contract before depositing the balance of payments into its prearrangement trust fund, as determined under subsection (1) of this section, excluding sales tax and endowment care, if such charge is made.
(4) Each cemetery authority electing to make payments to its prearrangement trust fund pursuant to subsection (3) of this section shall file and maintain with the board a bond, issued by a surety company authorized to do business in the state, in the amount by which the cemetery authority's contingent liability for refunds pursuant to RCW 68.46.060 exceeds the amount deposited in its prearrangement trust fund. The bond shall be conditioned that it is for the use and benefit of any person requesting a refund pursuant to RCW 68.46.060 if the cemetery authority does not promptly pay to the person the refund due pursuant to RCW 68.46.060. In addition to any other remedy, every person not promptly receiving the refund due pursuant to RCW 68.46.060 may sue the surety for the refund. The liability of the surety shall not exceed the amount of the bond. Termination or cancellation shall not be effective unless notice is delivered by the surety to the board at least thirty days prior to the date of termination or cancellation. The board shall immediately notify the cemetery authority affected by the termination or cancellation by certified mail, return receipt requested. The cemetery authority shall thereupon obtain another bond or make such other arrangement as may be satisfactory to the board to ensure its ability to make refunds pursuant to RCW 68.46.060.
(5) Deposits to the prearrangement trust fund shall be made not later than the twentieth day of each month following receipt of each payment required to be deposited. If a prearrangement contract is sold, pledged, or otherwise encumbered as security for a loan by the cemetery authority, the cemetery authority shall pay into the prearrangement trust fund fifty percent of the total sale price of the prearrangement contract within twenty days of receipt of payment of the proceeds from the sale or loan.
(6) Any failure to fund a prearrangement contract as required by this section shall be grounds for disciplinary action against the cemetery authority and the cemetery authority's prearrangement sales license.
[ 2005 c 365 s 127; 1984 c 53 s 3; 1979 c 21 s 24; 1973 1st ex.s. c 68 s 3.]

catchline: Prearrangement trust funds—Deposits—Bond requirements.


title: RCW 68.46.040

text:
(1) All prearrangement trust funds must be deposited in a commercial bank, trust company, mutual savings bank, savings and loan association, or credit union, whether state or federally chartered. Such accounts must be designated as the "prearrangement trust fund" by name and the particular cemetery authority for the benefit of the beneficiaries named in any prearrangement contract.
(2) All prearrangement trust funds must be invested in accordance with the provisions of RCW 11.100.020 subject to the following restrictions:
(a) No officer or director of the cemetery authority, trustee of the prearrangement trust funds, or spouse, sibling, parent, grandparent, or issue of such officer, director, or trustee, may borrow any of such funds for himself or herself, directly or indirectly;
(b) No funds may be loaned to the cemetery authority, its agents, or employees, or to any corporation, partnership, or other business entity in which the cemetery authority has any ownership interest; and
(c) No funds may be invested with persons or business entities operating in a business field directly related to cemeteries.
[ 2012 c 206 s 1; 2005 c 365 s 128; 1987 c 331 s 50; 1973 1st ex.s. c 68 s 4.]

catchline: Prearrangement trust funds—Deposit of funds.


title: RCW 68.46.050

text:
(1) A depository of prearrangement funds shall permit a cemetery authority to withdraw all funds deposited under any specific prearrangement contract plus interest accrued thereon, under the following circumstances and conditions:
(a) If the cemetery authority files a verified statement with the depository that the prearrangement merchandise and services covered by a contract have been furnished and delivered; or
(b) If the cemetery authority files a verified statement that a specific prearrangement contract has been canceled in accordance with its terms.
(2) The department of social and health services shall notify the cemetery authority maintaining a prearrangement trust fund regulated by this chapter that the department has a claim on the estate of a beneficiary for long-term care services. Such notice shall be renewed at least every three years. The cemetery authority, upon becoming aware of the death of a beneficiary, shall give notice to the department of social and health services, office of financial recovery, who shall file any claim there may be within thirty days of the notice.
[ 2005 c 365 s 129; 1995 1st sp.s. c 18 s 65; 1973 1st ex.s. c 68 s 5.]
Notes:
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

catchline: Withdrawals from trust funds—Notice of department of social and health services' claim.


title: RCW 68.46.055

text:
No cemetery authority may enter into a retail contract for the purchase of debentures, shares, scrip, bonds, notes, or any instrument or evidence of indebtedness that requires the cemetery authority to furnish cemetery merchandise, services, or interment rights to the holder at a future date. This section does not include retail installment sales transactions governed by chapter 63.14 RCW.
[ 2005 c 365 s 130; 1984 c 53 s 8.]

catchline: Indebtedness limitations.


title: RCW 68.46.060

text:
Any purchaser or beneficiary may, upon written demand of any cemetery authority, demand that any prearrangement contract with such cemetery authority be terminated. In such event, the cemetery authority shall, within thirty days, refund to the purchaser or beneficiary fifty percent of the moneys received less the contractual price of any merchandise delivered or services performed before the termination plus interest earned. In any case, where, under a prearrangement contract there is more than one beneficiary, no written demand as provided in this section shall be honored by any cemetery authority unless the written demand provided for in this section shall bear the signatures of all of such beneficiaries.
[ 2005 c 365 s 132; 1987 c 331 s 51; 1984 c 53 s 4; 1979 c 21 s 25; 1973 1st ex.s. c 68 s 6.]

catchline: Termination of contract by purchaser or beneficiary.


title: RCW 68.46.070

text:
Prearrangement contracts shall terminate upon demand of the purchaser of the contract if the cemetery authority shall go out of business, become insolvent or bankrupt, make an assignment for the benefit of creditors, or for any other reason be unable to fulfill the obligations under the contract. Upon demand by the purchaser or beneficiary or beneficiaries of any prearrangement contract, the cemetery authority shall refund one hundred percent of the original contract, less delivered services and merchandise, including funds held in deposit and interest earned thereon, unless otherwise ordered by a court of competent jurisdiction.
[ 1987 c 331 s 52; 1979 c 21 s 26; 1973 1st ex.s. c 68 s 7.]

catchline: Involuntary termination of contract—Refund.


title: RCW 68.46.075

text:
In the event the beneficiary of a prearrangement contract make[s] no claim within fifty years of the date of the contract for the merchandise and services provided in the prearrangement contract, the funds deposited in the prearrangement trust for that contract, plus interest, shall be transferred to the cemetery authority's endowment fund, to be used for the purposes for which the endowment fund was established. However, the cemetery authority shall remain obligated for merchandise and services, unconstructed crypts, niches, and undeveloped property under the terms of the prearrangement contract. Claims may be made for merchandise and services, unconstructed crypts, niches, and undeveloped property on a prearrangement contract after the funds have been transferred to the endowment fund. These claims shall be paid for from the endowment fund income on a contract by contract basis.
[ 2005 c 365 s 133; 1979 c 21 s 27.]


title: RCW 68.46.080

text:
Prearrangement trust funds shall not be used in any way for the benefit of the cemetery authority or any director, officer, agent, or employee of any cemetery authority, including, but not limited to any encumbrance, pledge, or other utilization or prearrangement trust funds as collateral or other security.
[ 2005 c 365 s 134; 1973 1st ex.s. c 68 s 8.]

catchline: Other use of trust funds prohibited.


title: RCW 68.46.090

text:
Any cemetery authority selling prearrangement merchandise or other prearrangement services shall file in its office and with the board a written report upon forms prepared by the board which shall state the amount of the principle of the prearrangement trust fund, the depository of such fund, and cash on hand which is or may be due to the fund as well as other information the board may deem appropriate. All information appearing on such written reports shall be revised at least annually. These reports shall be verified by the president, or the vice president, and one other officer of the cemetery authority, the accountant or auditor who prepared the report, and, if required by the board for good cause, a certified public accountant in accordance with generally accepted auditing standards.
[ 2009 c 102 s 18; 2005 c 365 s 135; 1983 c 190 s 1; 1977 ex.s. c 351 s 5; 1973 1st ex.s. c 68 s 9.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.
Severability—1977 ex.s. c 351: See note following RCW 68.05.180.

catchline: Financial reports—Filing—Verification.


title: RCW 68.46.100

text:
Every prearrangement contract shall contain language which informs the purchaser of the prearrangement trust fund and the amount to be deposited in the prearrangement trust fund. The amount deposited to the prearrangement trust fund must meet the requirements of RCW 68.46.030.
Every prearrangement contract shall contain language prominently featured on the face of the contract disclosing to the purchaser what items will be delivered before need, either stored or installed, and thus not subject to funding or refund.
Every prearrangement contract for the sale of unconstructed crypts, niches, or undeveloped property shall contain language which informs the purchaser that sales of unconstructed or undeveloped property are subject to the provisions of RCW 68.46.030.
[ 2005 c 365 s 136; 1987 c 331 s 53; 1984 c 53 s 5; 1973 1st ex.s. c 68 s 10.]

catchline: Prearrangement contract requirements.


title: RCW 68.46.110

text:
No cemetery authority shall sell, offer to sell, or authorize the sale of cemetery merchandise or services or accept funds in payment of any prearrangement contract unless such acts are performed in compliance with this title and under the authority of a valid and unsuspended certificate of authority to operate a cemetery in this state.
[ 2005 c 365 s 137; 1973 1st ex.s. c 68 s 11.]

catchline: Compliance required.


title: RCW 68.46.125

text:
This chapter does not apply to any cemetery controlled and operated by a coroner, county, city, town, or cemetery district.
[ 1987 c 331 s 54.]


title: RCW 68.46.130

text:
The board may grant an exemption from any or all of the requirements of this chapter relating to prearrangement contracts to any cemetery authority which:
(1) Sells less than twenty prearrangement contracts per year; and
(2) Deposits one hundred percent of all funds received into a trust fund under RCW 68.46.030, as now or hereafter amended.
[ 2009 c 102 s 19; 1979 c 21 s 43.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.

catchline: Exemptions from chapter granted by board.


title: RCW 68.46.160

text:
No cemetery authority shall use a prearrangement contract without first filing the form of such contract with the board: PROVIDED, That the board may order the cemetery authority to cease using any prearrangement contract form which:
(1) Is in violation of any provision of this chapter;
(2) Is misleading or deceptive; or
(3) Is being used in connection with solicitation by false, misleading or deceptive advertising or sales practices.
Use of a prearrangement contract form which is not on file with the board or which the board has ordered the cemetery authority not to use shall be a violation of this chapter.
[ 1979 c 21 s 38.]

catchline: Contract forms—Filing.


title: RCW 68.46.170

text:
No cemetery authority shall enter into prearrangement contracts in this state unless the cemetery authority has obtained a prearrangement sales license issued by the board or its authorized representative and such license is then current and valid.
[ 1979 c 21 s 23.]

catchline: Sales licenses—Requirement.


title: RCW 68.46.175

text:
(1) A cemetery authority that enters into prearrangement contracts for the sale of unconstructed crypts, niches, or undeveloped property, or that conveys undeveloped property by gift, shall maintain an adequate inventory of constructed crypts or niches and developed property. The inventory shall be a minimum of ten percent of the unconstructed or undeveloped property sales. The inventory shall be equal or better in quality than the unconstructed crypts or niches, or undeveloped property if they were constructed or developed.
(2) If the death of a purchaser or owner of an unconstructed crypt, niche, or undeveloped property occurs before the property is constructed or developed, the cemetery authority shall provide a constructed crypt, niche, or developed property of equal or better quality without additional cost or charge.
(3) If two or more unconstructed crypts, niches, or undeveloped properties are conveyed with the intention that the crypts, niches, or properties shall be contiguous to each other or maintained together as a group and the death of any one purchaser or owner in such group occurs before the unconstructed crypts, niches, or undeveloped property is developed, the cemetery authority shall provide additional constructed crypts, niches, or developed property of equal or better quality, contiguous to each other or together as a group, as originally intended, to other purchasers or owners in the group without additional cost or charge.
(4) The representative of the deceased purchaser may agree to the placement of the decedent in a temporary crypt, niche, or grave until the construction is completed and the decedent is placed in the new crypt, niche, or grave.
(5) Prearrangement sales of unconstructed crypts, niches, or undeveloped property must meet the requirements of RCW 68.46.030.
[ 2005 c 365 s 131.]

catchline: Unconstructed crypts, etc., as part of contract—Requirements.


title: RCW 68.50.010

text:
The jurisdiction of bodies of all deceased persons who come to their death suddenly when in apparent good health without medical attendance within the 36 hours preceding death; or where the circumstances of death indicate death was caused by unnatural or unlawful means; or where death occurs under suspicious circumstances; or where a coroner's autopsy or postmortem or coroner's inquest is to be held; or where death results from unknown or obscure causes, or where death occurs within one year following an accident; or where the death is caused by any violence whatsoever, whether self-induced or otherwise; where death apparently results from drowning, hanging, burns, electrocution, gunshot wounds, stabs or cuts, lightning, starvation, radiation, exposure, alcoholism, narcotics or other addictions, tetanus, strangulations, suffocation or smothering; or where death is due to a violent contagious disease or suspected contagious disease which may be a public health hazard; or where death results from alleged rape, carnal knowledge or sodomy, where death occurs in a jail or prison; where a body is found dead or is not claimed by relatives or friends, is hereby vested in the county coroner or medical examiner, which bodies may be removed and placed in the morgue under such rules as are adopted by the coroner or medical examiner with the approval of the county commissioners, having jurisdiction, providing therein how the bodies shall be brought to and cared for at the morgue and held for the proper identification where necessary.
[ 2025 c 374 s 2; 2021 c 127 s 7; 1963 c 178 s 1; 1953 c 188 s 1; 1917 c 90 s 3; RRS s 6042. Formerly RCW 68.08.010.]
Notes:
Findings—2025 c 374: "The legislature finds that every Washingtonian should be treated with respect and dignity after a pregnancy loss and should be able to seek medical assistance without fear of civil or criminal liability. The threat of criminal prosecution of pregnancy outcomes is partly traceable to out-of-date provisions in state law that allow investigations of certain abortions and pregnancy losses. The legislature further finds that removal of these provisions changes neither requirements to report births or deaths, including fetal deaths, or prepare and publish vital statistics under chapter 70.58A RCW, nor the ability of coroners to investigate deaths, including fetal deaths, that may have been caused by unlawful or suspicious circumstances, including violence against the pregnant person, provided such investigations are not used to criminalize the pregnant person who experienced the pregnancy loss or had an abortion." [ 2025 c 374 s 1.]

catchline: Coroner's jurisdiction over remains.


title: RCW 68.50.015

text:
A county coroner or county medical examiner or persons acting in that capacity shall be immune from civil liability for determining the cause and manner of death. The accuracy of the determinations is subject to judicial review.
[ 1987 c 263 s 1.]

catchline: Immunity for determining cause and manner of death—Judicial review of determination.


title: RCW 68.50.020

text:
It shall be the duty of every person who knows of the existence and location of human remains coming under the jurisdiction of the coroner or medical examiner as set forth in RCW 68.50.010 or 27.44.055, to notify the coroner, medical examiner, or law enforcement thereof in the most expeditious manner possible, unless such person shall have good reason to believe that such notice has already been given. Any person knowing of the existence of such human remains and not having good reason to believe that the coroner has notice thereof and who shall fail to give notice to the coroner as aforesaid, shall be guilty of a misdemeanor. For purposes of this section and unless the context clearly requires otherwise, "human remains" has the same meaning as defined in RCW 68.04.020. Human remains also includes, but is not limited to, skeletal remains.
[ 2016 c 221 s 2; 1987 c 331 s 55; 1917 c 90 s 4; RRS s 6043. Formerly RCW 68.08.020.]

catchline: Notice to coroner or medical examiner—Penalty.


title: RCW 68.50.032

text:
Whenever a coroner or medical examiner assumes jurisdiction over human remains and directs transportation of those remains by a funeral establishment, as defined in RCW 18.39.010, the reasonable costs of transporting shall be borne by the county if: (1) The funeral establishment transporting the remains is not providing the funeral or disposition services; or (2) the funeral establishment providing the funeral or disposition services is required to transport the remains to a facility other than its own.
Except as provided in RCW 36.39.030, 68.52.030, and 73.08.070, any transportation costs or other costs incurred after the coroner or medical examiner has released jurisdiction over the human remains shall not be borne by the county.
[ 1991 c 176 s 1.]

catchline: Transportation of remains directed by coroner or medical examiner—Costs.


title: RCW 68.50.035

text:
It shall be unlawful for any cemetery under this chapter to refuse burial to any person because such person may not be of the Caucasian race.
[ 1953 c 290 s 53. Formerly RCW 68.05.260.]

catchline: Unlawful to refuse burial to non-Caucasian.


title: RCW 68.50.040

text:
All jewelry, moneys, papers, and other personal property of the deceased shall be inventoried immediately upon being taken into custody by the coroner or his or her appointees. The original of such lists shall be certified to by the coroner and kept as a public record at the county morgue.
[ 2017 c 37 s 5; 2012 c 117 s 314; 1917 c 90 s 6; RRS s 6045. Formerly RCW 68.08.040.]

catchline: Deceased's effects to be listed.


title: RCW 68.50.050

text:
(1) Any person, not authorized or directed by the coroner or medical examiner or their deputies, who removes the body of a deceased person not claimed by a relative or friend, or moves, disturbs, molests, or interferes with the human remains coming within the jurisdiction of the coroner or medical examiner as set forth in RCW 68.50.010, to any undertaking rooms or elsewhere, or any person who knowingly directs, aids, or abets such unauthorized moving, disturbing, molesting, or taking, and any person who knowingly conceals the human remains, shall in each of said cases be guilty of a gross misdemeanor.
(2) In evaluating whether it is necessary to retain jurisdiction and custody of human remains under RCW 68.50.010, 68.50.645, and 27.44.055, the coroner or medical examiner shall consider the deceased's religious beliefs, if known, including the tenets, customs, or rites related to death and burial.
(3) For purposes of this section and unless the context clearly requires otherwise, "human remains" has the same meaning as defined in RCW 68.04.020. Human remains also includes, but is not limited to, skeletal remains.
[ 2016 c 221 s 1; 2011 c 96 s 48; 1917 c 90 s 7; RRS s 6046. Formerly RCW 68.08.050.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Removal or concealment of body—Penalty.


title: RCW 68.50.060

text:
Any physician or surgeon of this state, or any medical student under the authority of any such physician or surgeon, may obtain, as hereinafter provided, and have in his or her possession human dead bodies, or the parts thereof, for the purposes of anatomical inquiry or instruction.
[ 2012 c 117 s 315; 1891 c 123 s 1; RRS s 10026. Formerly RCW 68.08.060.]

catchline: Bodies for instruction purposes.


title: RCW 68.50.070

text:
(1) Any public agency required to provide for the disposition of human remains in any legal manner at public expense must surrender the human remains to:
(a) Any physician or surgeon, to be used for the advancement of anatomical science, preference being given to medical schools in this state, for their use in the instruction of medical students; or
(b) An accredited educational institution offering funeral services and embalming programs for use in training embalming students under the supervision of an embalmer licensed under chapter 18.39 RCW.
(2) If the deceased person requested to be buried, or if some person claiming to be a relative or a responsible officer of a religious organization with which the deceased at the time of death was affiliated requires the remains to be buried, the remains must be buried, subject to the requirements of RCW 68.50.110 and 68.50.230.
[ 2011 c 265 s 1; 1959 c 23 s 1; 1953 c 224 s 2; 1891 c 123 s 2; RRS s 10027. Formerly RCW 68.08.070.]

catchline: Human remains—Disposition.


title: RCW 68.50.080

text:
Every physician or surgeon before receiving the dead body must give to the board or officer surrendering the same to him or her a certificate from the medical society of the county in which he or she resides, or if there is none, from the board of supervisors of the same, that he or she is a fit person to receive such dead body. He or she must also give a bond with two sureties, that each body so by him or her received will be used only for the promotion of anatomical science, and that it will be used for such purpose in this state only, and so as in no event to outrage the public feeling.
[ 2012 c 117 s 316; 1891 c 123 s 3; RRS s 10028. Formerly RCW 68.08.080.]

catchline: Certificate and bond before receiving bodies.


title: RCW 68.50.090

text:
Any person violating any provision of RCW 68.50.060 through 68.50.080 shall upon conviction thereof be fined in any sum not exceeding five hundred dollars.
[ 1987 c 331 s 56; 1891 c 123 s 4; RRS s 10029. Formerly RCW 68.08.090.]

catchline: Penalty.


title: RCW 68.50.100

text:
(1) The right to dissect a dead body shall be limited to cases specially provided by statute or by the direction or will of the deceased; cases where a coroner is authorized to hold an inquest upon the body, and then only as he or she may authorize dissection; and cases where the spouse, state registered domestic partner, or next of kin charged by law with the duty of burial shall authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized: PROVIDED, That the coroner, in his or her discretion, may make or cause to be made by a competent pathologist, toxicologist, or physician, an autopsy or postmortem in any case in which the coroner has jurisdiction of a body: PROVIDED, FURTHER, That the coroner may with the approval of the University of Washington and with the consent of a parent or guardian deliver any body of a deceased person under the age of three years over which he or she has jurisdiction to the University of Washington medical school for the purpose of having an autopsy made to determine the cause of death.
(2) Every person who shall make, cause, or procure to be made any dissection of a body, except as provided in this section, is guilty of a gross misdemeanor.
[ 2007 c 156 s 21; 2003 c 53 s 307; 1963 c 178 s 2; 1953 c 188 s 2; 1909 c 249 s 237; RRS s 2489. Formerly RCW 68.08.100.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Dissection, when permitted—Autopsy of person under the age of three years.


title: RCW 68.50.101

text:
Autopsy or postmortem may be performed in any case where authorization has been given by a member of one of the following classes of persons in the following order of priority:
(1) The surviving spouse or state registered domestic partner;
(2) Any child of the decedent who is eighteen years of age or older;
(3) One of the parents of the decedent;
(4) Any adult brother or sister of the decedent;
(5) A person who was guardian of the decedent at the time of death;
(6) Any other person or agency authorized or under an obligation to dispose of the remains of the decedent. The chief official of any such agency shall designate one or more persons to execute authorizations pursuant to the provisions of this section.
If the person seeking authority to perform an autopsy or postmortem makes reasonable efforts to locate and secure authorization from a competent person in the first or succeeding class and finds no such person available, authorization may be given by any person in the next class, in the order of descending priority. However, no person under this section shall have the power to authorize an autopsy or postmortem if a person of higher priority under this section has refused such authorization: PROVIDED, That this section shall not affect autopsies performed pursuant to RCW 68.50.010 or 68.50.103.
[ 2007 c 156 s 22; 1987 c 331 s 57; 1977 c 79 s 1; 1953 c 188 s 11. Formerly RCW 68.08.101.]

catchline: Autopsy, postmortem—Who may authorize.


title: RCW 68.50.102

text:
Any party by showing just cause may petition the court to have autopsy made and results thereof made known to said party at his or her own expense.
[ 2012 c 117 s 317; 1953 c 188 s 12. Formerly RCW 68.08.102.]

catchline: Court petition for autopsy—Cost.


title: RCW 68.50.103

text:
In an industrial death where the cause of death is unknown, and where the department of labor and industries is concerned, said department in its discretion, may request the coroner in writing to perform an autopsy to determine the cause of death. The coroner shall be required to promptly perform such autopsy upon receipt of the written request from the department of labor and industries.
[ 1953 c 188 s 6. Formerly RCW 68.08.103.]

catchline: Autopsies in industrial deaths.


title: RCW 68.50.104

text:
(1) The cost of autopsy shall be borne by the county in which the autopsy is performed, except when requested by the department of labor and industries, in which case, the department shall bear the cost of such autopsy.
(2)(a) Except as provided in (b) of this subsection, when the county bears the cost of an autopsy, it shall be reimbursed from the death investigations account, established by RCW 43.79.445, as follows:
(i) Up to 40 percent of the cost of contracting for the services of a pathologist to perform an autopsy;
(ii) Up to 30 percent of the salary of pathologists who are primarily engaged in performing autopsies and are (A) county coroners or county medical examiners, or (B) employees of a county coroner or county medical examiner;
(iii) 100 percent of the cost of autopsies conducted under RCW 70.54.450; and
(iv) Up to 40 percent of the cost of transportation of remains to and from facilities accredited pursuant to RCW 36.24.210 for the purpose of autopsy services.
(b) When the county bears the cost of an autopsy of a child under the age of three whose death was sudden and unexplained, the county shall be reimbursed for the expenses of the autopsy when the death scene investigation and the autopsy have been conducted under RCW 43.103.100 (4) and (5), and the autopsy has been done at a facility designed for the performance of autopsies.
(3) Payments from the account shall be made pursuant to biennial appropriation: PROVIDED, That no county may reduce funds appropriated for this purpose below 1983 budgeted levels.
(4) Where the county coroner's office or county medical examiner's office is not accredited pursuant to RCW 36.24.210, or a coroner, medical examiner, or other medicolegal investigative employee is not certified as required by RCW 36.24.205 and 43.101.480, the state treasurer's office shall withhold 25 percent of autopsy reimbursement funds until accreditation under RCW 36.24.210 or compliance with RCW 36.24.205 and 43.101.480 is achieved.
[ 2023 c 442 s 11; 2021 c 127 s 8; 2019 c 317 s 4; 2001 c 82 s 2; 1983 1st ex.s. c 16 s 14; 1963 c 178 s 3; 1953 c 188 s 7. Formerly RCW 68.08.104.]
Notes:
Intent—2023 c 442: See note following RCW 28B.115.020.
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.

catchline: Cost of autopsy.


title: RCW 68.50.105

text:
(1) Reports and records of autopsies or postmortems shall be confidential, except that the following persons may examine and obtain copies of any such report or record: The personal representative of the decedent as defined in RCW 11.02.005, any family member, the attending physician or *advanced registered nurse practitioner, the prosecuting attorney or law enforcement agencies having jurisdiction, public health officials, the department of labor and industries in cases in which it has an interest under RCW 68.50.103, the secretary of the department of children, youth, and families or his or her designee in cases being reviewed under RCW 74.13.640, or the secretary of the department of social and health services or his or her designee under chapter 74.34 RCW.
(2)(a) Notwithstanding the restrictions contained in this section regarding the dissemination of records and reports of autopsies or postmortems, nor the exemptions referenced under RCW 42.56.240(1), nothing in this chapter prohibits a coroner, medical examiner, or his or her designee, from publicly discussing his or her findings as to any death subject to the jurisdiction of his or her office where actions of a law enforcement officer or corrections officer have been determined to be a proximate cause of the death, except as provided in (b) of this subsection.
(b) A coroner, medical examiner, or his or her designee may not publicly discuss his or her findings outside of formal court or inquest proceedings if there is a pending or active criminal investigation, or a criminal or civil action, concerning a death that has commenced prior to January 1, 2014.
(3) The coroner, the medical examiner, or the attending physician shall, upon request, meet with the family of the decedent to discuss the findings of the autopsy or postmortem. For the purposes of this section, the term "family" means the surviving spouse, state registered domestic partner, or any child, parent, grandparent, grandchild, brother, or sister of the decedent, or any person who was guardian of the decedent at the time of death.
[ 2023 c 44 s 4; 2019 c 470 s 14; 2013 c 295 s 1; 2011 c 61 s 1. Prior: 2007 c 439 s 1; 2007 c 156 s 23; 1987 c 331 s 58; 1985 c 300 s 1; 1977 c 79 s 2; 1953 c 188 s 9. Formerly RCW 68.08.105.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2013 c 295: See note following RCW 68.50.115.
PDF
RCW 68.50.105
Autopsies, postmortems—Reports and records confidential—Exceptions. (Effective June 30, 2027.)
(1) Reports and records of autopsies or postmortems shall be confidential, except that the following persons may examine and obtain copies of any such report or record: The personal representative of the decedent as defined in RCW 11.02.005, any family member, the attending physician or advanced practice registered nurse, the prosecuting attorney or law enforcement agencies having jurisdiction, public health officials, the department of labor and industries in cases in which it has an interest under RCW 68.50.103, the secretary of the department of children, youth, and families or his or her designee in cases being reviewed under RCW 74.13.640, or the secretary of the department of social and health services or his or her designee under chapter 74.34 RCW.
(2)(a) Notwithstanding the restrictions contained in this section regarding the dissemination of records and reports of autopsies or postmortems, nor the exemptions referenced under RCW 42.56.240(1), nothing in this chapter prohibits a coroner, medical examiner, or his or her designee, from publicly discussing his or her findings as to any death subject to the jurisdiction of his or her office where actions of a law enforcement officer or corrections officer have been determined to be a proximate cause of the death, except as provided in (b) of this subsection.
(b) A coroner, medical examiner, or his or her designee may not publicly discuss his or her findings outside of formal court or inquest proceedings if there is a pending or active criminal investigation, or a criminal or civil action, concerning a death that has commenced prior to January 1, 2014.
(3) The coroner, the medical examiner, or the attending physician shall, upon request, meet with the family of the decedent to discuss the findings of the autopsy or postmortem. For the purposes of this section, the term "family" means the surviving spouse, state registered domestic partner, or any child, parent, grandparent, grandchild, brother, or sister of the decedent, or any person who was guardian of the decedent at the time of death.
[ 2025 c 58 s 5121; 2023 c 44 s 4; 2019 c 470 s 14; 2013 c 295 s 1; 2011 c 61 s 1. Prior: 2007 c 439 s 1; 2007 c 156 s 23; 1987 c 331 s 58; 1985 c 300 s 1; 1977 c 79 s 2; 1953 c 188 s 9. Formerly RCW 68.08.105.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2013 c 295: See note following RCW 68.50.115.

catchline: Autopsies, postmortems—Reports and records confidential—Exceptions. (Effective until June 30, 2027.)


title: RCW 68.50.106

text:
In any case in which an autopsy or postmortem is performed, the coroner or medical examiner, upon his or her own authority or upon the request of the prosecuting attorney or other law enforcement agency having jurisdiction, may make or cause to be made an analysis of the stomach contents, blood, or organs, or tissues of a deceased person and secure professional opinions thereon and retain or dispose of any specimens or organs of the deceased which in his or her discretion are desirable or needful for anatomic, bacteriological, chemical, or toxicological examination or upon lawful request are needed or desired for evidence to be presented in court. Costs shall be borne by the county.
[ 1993 c 228 s 19; 1987 c 331 s 59; 1975-'76 2nd ex.s. c 28 s 1; 1953 c 188 s 10. Formerly RCW 68.08.106.]


title: RCW 68.50.107

text:
There shall be established in conjunction with the chief of the Washington state patrol and under the authority of the state forensic investigations council a state toxicological laboratory under the direction of the state toxicologist whose duty it will be to perform all necessary toxicologic procedures requested by all coroners, medical examiners, and prosecuting attorneys. The state forensic investigations council, after consulting with the chief of the Washington state patrol and director of the bureau of forensic laboratory services, shall appoint a toxicologist as state toxicologist, who shall report to the director of the bureau of forensic laboratory services and the office of the chief of the Washington state patrol. Toxicological services shall be funded by disbursement from the spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; spirits, beer, and wine VIP airport lounge; and sports entertainment facility license fees as provided in RCW 66.08.180 and by appropriation from the death investigations account as provided in RCW 43.79.445.
[ 2011 c 325 s 9; 2009 c 271 s 11. Prior: 1999 c 281 s 13; 1999 c 40 s 8; 1995 c 398 s 10; 1986 c 87 s 2; 1983 1st ex.s. c 16 s 10; 1975-'76 2nd ex.s. c 84 s 1; 1970 ex.s. c 24 s 1; 1953 c 188 s 13. Formerly RCW 68.08.107.]
Notes:
Effective date—1999 c 40: See note following RCW 43.103.010.
Effective date—1986 c 87: See note following RCW 66.08.180.
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.
State forensic investigations council: Chapter 43.103 RCW.

catchline: State toxicological laboratory established—State toxicologist.


title: RCW 68.50.108

text:
No dead body upon which the coroner, or prosecuting attorney, if there is not a coroner in the county, may perform an autopsy or postmortem, may be embalmed or make final disposition without the consent of the coroner having jurisdiction. Failure to obtain such consent is a misdemeanor. However, such autopsy or postmortem must be performed within five days, unless the coroner obtains an order from the superior court extending such time.
[ 2019 c 432 s 19; 1953 c 188 s 8. Formerly RCW 68.08.108.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Autopsies, postmortems—Consent to embalm, cremate body, or make final disposition—Time limitation.


title: RCW 68.50.110

text:
Except in cases of dissection provided for in RCW 68.50.100, and where human remains are rightfully carried through or removed from the state for the purpose of burial elsewhere, human remains lying within this state, and the remains of any dissected body, after dissection, must be decently buried, undergo cremation, alkaline hydrolysis, or natural organic reduction within a reasonable time after death.
[ 2019 c 432 s 20; 2005 c 365 s 138; 1987 c 331 s 60; 1909 c 249 s 238; RRS s 2490. Formerly RCW 68.08.110.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Burial, cremation, alkaline hydrolysis, or natural organic reduction.


title: RCW 68.50.115

text:
No coroner, medical examiner, or his or her designee shall be liable, nor shall a cause of action exist, for any loss or damage based upon the release of any information related to his or her findings under RCW 68.50.105 if the coroner, medical examiner, or his or her designee acted in good faith in attempting to comply with the provisions of this chapter.
[ 2013 c 295 s 2.]
Notes:
Effective date—2013 c 295: "This act takes effect January 1, 2014." [ 2013 c 295 s 3.]

catchline: Coroner and medical examiner liability—Release of information.


title: RCW 68.50.120

text:
Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge, is guilty of a gross misdemeanor.
[ 1943 c 247 s 27; Rem. Supp. 1943 s 3778-27. Formerly RCW 68.08.120.]

catchline: Holding body for debt—Penalty.


title: RCW 68.50.130

text:
Every person who performs a disposition of any human remains, except as otherwise provided by law, in any place, except in a cemetery, a family burial ground, or a building dedicated exclusively for religious purposes, is guilty of a misdemeanor. Disposition of human remains following cremation, alkaline hydrolysis, or natural organic reduction may also occur on private property, with the consent of the property owner; and on public or government lands or waters with the approval of the government agency that has either jurisdiction or control, or both, of the lands or waters.
[ 2026 c 173 s 18; 2019 c 432 s 21; 2005 c 365 s 139; 1943 c 247 s 28; Rem. Supp. 1943 s 3778-28. Formerly RCW 68.08.130.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Unlawful disposal of remains.


title: RCW 68.50.140

text:
(1) Every person who removes human remains, or any part thereof, from a grave, vault, or other place where the same has been buried or deposited awaiting final disposition, without authority of law, with intent to sell the same, or for the purpose of securing a reward for its return, or for dissection, or from malice or wantonness, is guilty of a class C felony.
(2) Every person who purchases or receives, except for burial or final disposition, human remains or any part thereof, knowing that the same has been removed contrary to the foregoing provisions, is guilty of a class C felony.
(3) Every person who opens a grave or other place of interment, temporary or otherwise, or a building where human remains are placed, with intent to sell or remove the casket, urn, or of any part thereof, or anything attached thereto, or any vestment, or other article interred, or intended to be interred with the human remains, is guilty of a class C felony.
(4) Every person who removes, disinters, or mutilates human remains from a place of interment, without authority of law, is guilty of a class C felony.
[ 2019 c 432 s 22; 2005 c 365 s 140; 2003 c 53 s 308; 1992 c 7 s 44; 1909 c 249 s 239; RRS s 2491. FORMER PART OF SECTION: 1943 c 247 s 25 now codified as RCW 68.50.145. Formerly RCW 68.08.140.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Unlawful disturbance, removal, or sale of human remains—Penalty.


title: RCW 68.50.160

text:
(1) 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.
(2) Prearrangements that are prepaid, or filed with a licensed funeral establishment or cemetery authority, under RCW 18.39.280 through 18.39.345 and chapter 68.46 RCW are not subject to cancellation or substantial revision by survivors. Absent actual knowledge of contrary legal authorization under this section, a licensed funeral establishment or cemetery authority may not be held criminally nor civilly liable for acting upon such prearrangements.
(3) If the decedent has not made a prearrangement as set forth in subsection (2) of this section or the costs of executing the decedent's wishes regarding the disposition of the decedent's remains exceeds a reasonable amount or directions have not been given by the decedent, the right to control the disposition of the remains of a deceased person vests in, and the duty of disposition and the liability for the reasonable cost of preparation, care, and disposition of such remains devolves upon the following in the order named:
(a) The person designated by the decedent as authorized to direct disposition as listed on the decedent's United States department of defense record of emergency data, DD form 93, or its successor form, if the decedent died while serving in military service as described in 10 U.S.C. Sec. 1481(a) (1)-(8) in any branch of the United States armed forces, United States reserve forces, or national guard;
(b) The designated agent of the decedent as directed through a written document signed and dated by the decedent in the presence of a witness. The direction of the designated agent is sufficient to direct the type, place, and method of disposition;
(c) The surviving spouse or state registered domestic partner;
(d) The majority of the surviving adult children of the decedent;
(e) The surviving parents of the decedent;
(f) The majority of the surviving siblings of the decedent;
(g) A court-appointed guardian for the person at the time of the person's death.
(4) If any person to whom the right of control has vested pursuant to subsection (3) of this section has been arrested or charged with first or second degree murder or first degree manslaughter in connection with the decedent's death, the right of control is relinquished and passed on in accordance with subsection (3) of this section.
(5) If a cemetery authority as defined in RCW 68.04.190 or a funeral establishment licensed under chapter 18.39 RCW has made a good faith effort to locate the person cited in subsection (3)(a) through (g) of this section or the legal representative of the decedent's estate, the cemetery authority or funeral establishment has the right to rely on an authority to bury or make final disposition of the human remains, executed by the most responsible party available, and the cemetery authority or funeral establishment may not be held criminally or civilly liable for burying or performing final disposition of the human remains. In the event any government agency or charitable organization provides the funds for the disposition of any human remains, the cemetery authority, alkaline hydrolysis, natural organic reduction facility, or funeral establishment may not be held criminally or civilly liable for making final disposition of the human remains.
(6) The liability for the reasonable cost of preparation, care, and disposition devolves jointly and severally upon all kin of the decedent in the same degree of kindred, in the order listed in subsection (3) of this section, and upon the estate of the decedent.
[ 2019 c 432 s 23; 2012 c 5 s 1; 2011 c 265 s 2; 2010 c 274 s 602; 2007 c 156 s 24; 2005 c 365 s 141; 1993 c 297 s 1; 1992 c 108 s 1; 1943 c 247 s 29; Rem. Supp. 1943 s 3778-29. Formerly RCW 68.08.160.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.
Intent—2010 c 274: See note following RCW 10.31.100.
Disposal of remains of indigent persons: RCW 36.39.030.
Order of payment of debts of estate: RCW 11.76.110.

catchline: Right to control disposition of remains—Liability of funeral establishment or cemetery authority—Liability for cost.


title: RCW 68.50.170

text:
Any person signing any authorization for the interment, cremation, alkaline hydrolysis, or natural organic reduction of any human remains warrants the truthfulness of any fact set forth in the authorization, the identity of the person whose human remains are sought to undergo final disposition, and his or her authority to order such. That person is personally liable for all damage occasioned by or resulting from breach of such warranty.
[ 2019 c 432 s 24; 2005 c 365 s 142; 1943 c 247 s 30; Rem. Supp. 1943 s 3778-30. Formerly RCW 68.08.170.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Effect of authorization.


title: RCW 68.50.185

text:
(1) A person authorized to dispose of human remains may not perform or cause to be performed final disposition of more than one human remains at a time unless written permission, after full and adequate disclosure regarding the manner of disposition, has been received from the person or persons under RCW 68.50.160 having the authority to order final disposition. This restriction does not apply when equipment, techniques, or devices are employed that keep human remains separate and distinct before, during, and after the final disposition process.
(2) Violation of this section is a gross misdemeanor.
[ 2019 c 432 s 25; 2005 c 365 s 143; 1987 c 331 s 61; 1985 c 402 s 3. Formerly RCW 68.08.185.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.
Legislative finding—1985 c 402: "The legislature finds that certain practices in storing human remains and in performing cremations violate common notions of decency and generally held expectations. In enacting this legislation, the legislature is reaffirming that certain practices, which have never been acceptable, violate principles of human dignity." [ 1985 c 402 s 1.]


title: RCW 68.50.200

text:
Human remains may be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of one of the following in the order named:
(1) The surviving spouse or state registered domestic partner.
(2) The surviving children of the decedent.
(3) The surviving parents of the decedent.
(4) The surviving brothers or sisters of the decedent.
If the required consent cannot be obtained, permission by the superior court of the county where the cemetery is situated is sufficient: PROVIDED, That the permission shall not violate the terms of a written contract or the rules and regulations of the cemetery authority.
[ 2007 c 156 s 25; 2005 c 365 s 144; 1943 c 247 s 33; Rem. Supp. 1943 s 3778-33. Formerly RCW 68.08.200.]

catchline: Permission to remove human remains.


title: RCW 68.50.210

text:
Notice of application to the court for such permission shall be given, at least ten days prior thereto, personally, or at least fifteen days prior thereto if by mail, to the cemetery authority and to the persons not consenting, and to every other person on whom service of notice may be required by the court.
[ 1943 c 247 s 34; Rem. Supp. 1943 s 3778-34. Formerly RCW 68.08.210.]

catchline: Notice for order to remove remains.


title: RCW 68.50.220

text:
RCW 68.50.200 and 68.50.210 do not apply to or prohibit the removal of any human remains from one plot to another in the same cemetery or the removal of [human] remains by a cemetery authority from a plot for which the purchase price is past due and unpaid, to some other suitable place; nor do they apply to the disinterment of human remains upon order of court or coroner. However, a cemetery authority shall provide notification to the person cited in RCW 68.50.200 before moving human remains.
[ 2005 c 365 s 145; 1987 c 331 s 62; 1943 c 247 s 35; Rem. Supp. 1943 s 3778-35. Formerly RCW 68.08.220.]

catchline: Exceptions.