Washington State cremation laws are set mainly in Chapter 68.50 RCW (human remains) and Chapter 18.39 RCW (funeral directors and embalmers), with operational rules in WAC 308-47. Together they control who can authorize a cremation, what documents and waiting time must clear first, how the crematory must handle the body, where ashes may go afterward, and what happens if any of it is done wrong. Violations range from misdemeanors to class C felonies.
Who Can Authorize the Cremation
The deceased’s own signed, witnessed instructions come first. Under RCW 68.50.160, a written directive expressing a preference for cremation is enough legal authority to carry out those wishes without anyone else’s consent.1Washington State Legislature. Washington Code 68.50.160 – Right to Control Disposition of Remains
If there are no written instructions, authority passes down this order:
- A designated agent named in a signed, witnessed document separate from a will.
- The surviving spouse or state-registered domestic partner.
- A majority of the surviving adult children.
- The surviving parents.
- A majority of the surviving siblings.
- A court-appointed guardian at the time of death.
For children and siblings, Washington asks for a majority, not unanimity. Two of three adult children in favor of cremation carries the decision over one who objects.2Washington State Legislature. Substitute House Bill 2253 If no majority forms, the dispute goes to superior court, where a judge weighs the deceased’s known wishes, cultural or religious beliefs, and family circumstances. A prearranged plan or a disposition directive inside an advance directive keeps the decision out of court entirely.
Whoever authorizes the cremation is also responsible for the cost unless the deceased had prepaid or the estate covers it.
Documents and Waiting Period Required Before Cremation
Three things have to be in place before a crematory will accept the body: a filed death certificate, a disposition permit, and written cremation authorization from the person with legal authority.
Death Certificate
A complete report of death must be filed with the local registrar in the jurisdiction where the death occurred within five calendar days and before final disposition.3Washington State Legislature. Washington Code Chapter 70.58A RCW – Vital Statistics The attending physician, medical examiner, or coroner certifies the cause of death. Unclear or suspicious causes trigger an autopsy or investigation, and the remains are not released until that clears. Certified copies cost $25 each, and most families need several for insurance, banking, and property transfers.4Washington State Legislature. Washington Code 70.58A.560 – Fees for Certifications
Disposition Permit
Once the death certificate is filed, the local health department issues a burial-transit or disposition permit authorizing the cremation. The permit travels with the body to the crematory. RCW 70.58A.210 governs the process, and additional transit paperwork may be needed if the body crosses county or state lines before cremation.
Waiting Period
RCW 68.50.108 imposes a mandatory waiting period between death and cremation. A local health officer or medical examiner can waive it in certain circumstances. When a death involves criminal investigation or suspicious circumstances, cremation can be delayed indefinitely until the medical examiner releases the body. The point of the wait is to prevent irreversible destruction of evidence before any investigation can happen.
Social Security Notification
Funeral homes usually report the death to the Social Security Administration for the family. If no funeral home is involved, call the SSA at 1-800-772-1213 with the deceased’s name, Social Security number, date of birth, and date of death.5Social Security Administration. What to Do When Someone Dies
What Happens at the Crematory
Every crematory operating in Washington holds a license from the Washington State Funeral and Cemetery Board, which sits within the Department of Licensing.6Washington State Department of Licensing. Funeral and Cemetery Board Individual operators must hold their own permits, and facilities meet operational standards under WAC 308-47, including equipment maintenance, air quality requirements from the Department of Ecology, and identification protocols. An identification tag must stay with the body from arrival through packaging of the ashes.
Under WAC 308-47-065, the crematory keeps a permanent record of every cremation showing the name of the deceased, the dates of death and cremation, the authorizing party and their relationship, the operator who performed it, and how the ashes were released or disposed of.7Washington State Legislature. Washington Administrative Code Chapter 308-47
Two practical points fall on the family. Washington does not require a casket for cremation; an alternative container of fiberboard or similar material is acceptable. And pacemakers or other battery-powered implants must be removed before cremation, because their batteries can explode at cremation temperatures. Disclose any known implants when you authorize the cremation. Radioactive seed implants from certain cancer treatments raise a separate issue: industry guidance suggests waiting at least 20 months after implantation for the material to decay to safe levels.
What You Can Do With the Ashes
Washington gives families broad latitude. You can keep ashes at home indefinitely, place them in a cemetery or columbarium, or scatter them. RCW 68.50.130 makes disposing of human remains outside a cemetery or religious building a misdemeanor, but it specifically exempts cremated remains scattered on private property with the owner’s consent or on public lands with approval from the responsible agency.8Washington State Legislature. Washington Code Chapter 68.50 RCW – Human Remains
Private Property
On land you own, no permit is needed and no record has to be filed. On someone else’s private land, get written consent from the owner.
State Parks and DNR Lands
Washington State Parks may require a Special Activities Permit, especially for a group gathering that could affect other visitors. On Department of Natural Resources trust lands, you need permission from the region manager, and commercial scattering services are not allowed. Rules vary by park or region, so contact the managing agency before scheduling.
National Parks
National parks require a permit. Submit NPS Form 10-930s to the specific park. Ashes may only be scattered on land, away from cultural features, in areas that will not affect other visitors. You cannot bury the ashes or leave a marker.9National Park Service. Memorialization (Scattering Ashes)
Ocean Waters
Ocean scattering is regulated under the Marine Protection, Research and Sanctuaries Act. Cremated remains must be released at least three nautical miles from shore, and the EPA must be notified within 30 days after the scattering. Inland waters like rivers, lakes, and bays fall under separate state rules.10US EPA. Burial at Sea
Unclaimed Cremated Remains
The window is shorter than most people expect. Under RCW 68.50.230, if remains have been in a facility’s lawful possession for 45 days and no one has directed their disposition, the facility may dispose of them under rules set by the Funeral and Cemetery Board.8Washington State Legislature. Washington Code Chapter 68.50 RCW – Human Remains The facility should make reasonable efforts to reach the authorizing party or next of kin first. Remains may then be placed in a common grave, scattered in a permitted location, or placed in a columbarium. Reasonable storage and handling costs can be recovered from prepaid funds or the estate.
Transporting Ashes
Flying: TSA allows cremated remains through security, but the container material matters. Wood, plastic, and other lightweight materials that produce a clear x-ray image pass. Metal, stone, or any material that blocks the x-ray will not, because officers cannot verify the contents.11Transportation Security Administration. Cremated Remains A temporary plastic or cardboard container works for travel; transfer the ashes to a permanent urn after you arrive.
Mailing: The United States Postal Service is the only carrier that ships cremated remains domestically. Send them via Priority Mail Express in the USPS cremated remains box (BOX-CRE) available at usps.com. International shipments use Priority Mail Express International, and only to countries that accept cremated remains; check with the destination country’s postal service first. FedEx and UPS do not accept cremated remains.12Federal Register. Cremated Remains Packaging Requirements
Penalties for Violations
Disposing of human remains outside a cemetery, religious building, or the approved alternatives for cremated remains is a misdemeanor under RCW 68.50.130.8Washington State Legislature. Washington Code Chapter 68.50 RCW – Human Remains
Cremating more than one person’s remains at the same time without written permission from the authorizing parties is a gross misdemeanor under RCW 68.50.185. The exception is equipment that keeps remains completely separate throughout the process.13Washington State Legislature. Washington Code 68.50.185 – Individual Final Disposition
The most serious penalties apply to deliberately disturbing interred remains. RCW 68.50.140 makes it a class C felony to remove human remains from a grave or other place of interment without legal authority when the intent is to sell them, secure a ransom, or act out of malice. Opening a place of interment to steal a casket, urn, or anything interred with the remains carries the same felony classification.14Washington State Legislature. Washington Code 68.50.140 – Unlawful Disturbance, Removal, or Sale of Human Remains
Licensed funeral directors and crematory operators face additional exposure. Kickbacks for referrals, solicitation of grieving families, and violations of state or federal laws on the handling of human remains all count as unprofessional conduct under RCW 18.39.410.15Washington State Legislature. Washington Code 18.39.410 – Unprofessional Conduct The Funeral and Cemetery Board can suspend or revoke licenses and impose fines. Separately, RCW 18.39.220 makes unlawful business practices such as paying for client referrals a gross misdemeanor carrying up to 364 days in jail and a $5,000 fine.16Washington State Legislature. Washington Code 18.39.220 – Unlawful Business Practices Families harmed by a crematory’s negligence can also pursue civil damages.