Washington

At a Glance

The 3-day rule.

In Washington, a death certificate must be filed with the Washington State Department of Health within 3 days of death and before the body is buried, cremated, or transported out of state. The funeral home or person handling disposition is responsible for filing.

Who files it.

The funeral home, mortuary, or person in charge of disposition files the death certificate. The attending physician, physician assistant, or advanced registered nurse practitioner certifies the cause of death. If the death was unexpected, the medical examiner or coroner takes over.

Who can order copies.

Washington restricts certified copies to: the registrant's spouse or domestic partner, parent, child, grandparent, grandchild, sibling; legal representatives; and others with a direct and tangible interest in the record.

• –Washington State Department of Health: doh.wa.gov/vital-statistics
• –Cost: $25 first copy, $12 each additional (same order)
• –Allow 4–6 weeks by mail; expedited options available through VitalChek
• –County auditor offices may have faster turnaround for local deaths

How do I get a death certificate in Washington?

Order certified copies from Washington's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Washington?

$25 per certified copy in Washington, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

The threshold: $100,000.

Washington allows a simplified 'Small Estate Affidavit' for estates with a total gross value of $100,000 or less, with no real property. Estates above this threshold, or any estate with real property, may require formal probate.

Small estate affidavit.

If the estate qualifies (gross value under $100,000, no real property), heirs can use a Small Estate Affidavit to collect assets without court involvement. You must wait 40 days after death before presenting the affidavit to financial institutions.

• –Wait 40 days from date of death
• –Gross estate value must be under $100,000
• –No real property in the estate
• –No court filing required. Present affidavit directly to financial institutions
• –Affiant must be entitled to the property

Community property.

Washington is a community property state. Property acquired during marriage is generally owned 50/50 by both spouses. At death, the surviving spouse automatically owns their half of community property. Only the deceased's half goes through probate. This can significantly simplify estate administration for married couples.

What avoids probate.

Living trusts, joint tenancy property, community property with right of survivorship, accounts with named beneficiaries (POD/TOD), life insurance, and retirement accounts all pass outside probate. Washington also allows Transfer-on-Death deeds for real property.

Transfer-on-Death deeds.

Washington allows property owners to record a Transfer-on-Death (TOD) deed, which transfers real property to named beneficiaries automatically at death. No probate required. The deed must be recorded before death and can be revoked at any time. This is an effective tool for avoiding probate on real estate.

How long does probate take in Washington?

A straightforward Washington probate typically runs 4-9 mo, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Washington?

$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Washington?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Washington allow transfer-on-death deeds?

Yes. Washington authorizes the transfer on death deed under Wash. Rev. Code ch. 64.80 (Uniform Real Property Transfer on Death Act). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Washington adopted the uniform act in 2014; the deed must be recorded before death in the county where the property sits.

Source: Wash. Rev. Code ch. 64.80 (Uniform Real Property Transfer on Death Act) ↗

Die without a will in Washington and this law picks your heirs.

If you die intestate (without a valid will) in Washington, Wash. Rev. Code § 11.04.015 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): everything.
• –Spouse + parents (no descendants): all community property plus three-quarters of the separate property; parents take one-quarter of the separate property.
• –Spouse + joint descendants: all community property plus half the separate property; children take the other half of the separate property.
• –Spouse + blended family: same split, no special blended rule.
• –Source: Wash. Rev. Code § 11.04.015

Children's shares.

The decedent's issue take everything, equally if all the same generation, otherwise the more remote take by representation.

No spouse, no children: the line of succession.

With no spouse or issue the estate goes to the parents, then to the parents' issue (siblings, nieces, nephews), then half each to the maternal and paternal grandparents, then to the grandparents' issue; the line stops there, and with no takers the estate escheats to the state under ch. 11.08 RCW.

At a Glance

Two documents you need.

Washington recognizes two key advance directive documents: (1) the Directive to Physicians (Living Will), which specifies your wishes for end-of-life care; and (2) the Durable Power of Attorney for Health Care, which names a healthcare agent to make decisions for you. Many people combine these into a single document.

How to make it valid.

A Washington advance directive must be signed by you and witnessed by two adults. Witnesses cannot be your healthcare agent, related to you by blood or marriage, entitled to inherit from you, financially responsible for your healthcare, or an employee of a healthcare facility where you are a patient.

POLST: for serious illness.

Washington uses the POLST (Physician Orders for Life-Sustaining Treatment) form, which is a medical order, not just a directive, that must be signed by a physician, nurse practitioner, or physician assistant. It specifies CPR preferences, level of medical intervention, and artificial nutrition.

• –POLST is for people with serious illness, frailty, or advanced age
• –Must be signed by a licensed healthcare provider
• –Bright pink form. Kept visible and accessible
• –Download form: wsma.org/polst

Death with Dignity.

Washington's Death with Dignity Act (RCW 70.245), passed in 2008, allows terminally ill Washington residents with a prognosis of 6 months or less to request a prescription for a lethal dose of medication. Requirements include: two oral requests 15 days apart, one written request, two physician confirmations, and a mental health evaluation if requested. The patient must self-administer.

Where do I get Washington's advance directive form?

The controlling law is RCW 70.122 (Natural Death Act); RCW 11.125 (UPOAA), linked as this section's source. Most people use the free statutory form: Washington's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Washington require a notary or witnesses for an advance directive?

Washington requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

48-hour waiting period.

Washington requires a minimum 48-hour waiting period after death before cremation can proceed. The death certificate must be filed and a cremation permit obtained before cremation.

Authorization requirements.

Cremation requires written authorization from the person with the right to control disposition. Washington law establishes a priority order: (1) person named in an advance directive or disposition authorization, (2) spouse or domestic partner, (3) adult children (majority if multiple), (4) parents, (5) adult siblings, (6) other relatives.

Scattering ashes.

Washington allows scattering of cremated remains on private property (with owner's permission), at sea (at least 3 nautical miles from shore), and in some public areas with appropriate permits. Scattering in state parks requires a permit from Washington State Parks.

• –Ocean scattering: minimum 3 nautical miles from shore; EPA notification within 30 days
• –Private property: permission of landowner required
• –State parks: permit from Washington State Parks (parks.wa.gov)
• –National forests: contact the relevant ranger district

Natural burial and home burial.

Washington permits natural (green) burial and has several natural burial grounds. Home burial on private property is permitted in Washington, subject to local zoning ordinances and county health department requirements. Contact your county health department for local requirements.

Natural organic reduction (human composting).

Washington was the first state to legalize natural organic reduction (human composting) in 2019 (SB 5001). The process converts human remains into soil amendment over 4–8 weeks. Several Washington facilities now offer this option.

At a Glance

Washington has an estate tax. Your date of death sets the numbers.

Washington imposes a state estate tax, and both the exemption and the top rate changed mid-2026. For deaths from January 1 through June 30, 2026, the exemption is $3,076,000. For deaths on or after July 1, 2026, the exemption is $3,000,000, and the inflation adjustment in the statute has expired, so that figure does not increase on its own.

Source: Washington Dept. of Revenue ↗

The rates.

Washington estate tax rates are graduated, starting at 10% on the first $1 million above the exemption. For deaths from July 1, 2025 through June 30, 2026, the brackets rise to a temporary top rate of 35% on the taxable amount over $9 million. For deaths on or after July 1, 2026, the rate table returns to a top rate of 20% on amounts over $9 million. The tax is calculated on the Washington taxable estate, which is the gross estate minus allowable deductions.

Source: RCW 83.100.040 ↗

No inheritance tax.

Washington does not have an inheritance tax. The estate tax is paid by the estate, not by the beneficiaries who receive assets.

Federal estate tax.

The federal estate tax exemption is $15 million per individual in 2026. Washington's $3 million threshold is much lower. Meaning many Washington estates owe state estate tax but no federal estate tax.

Source: IRS ↗

Does Washington have an estate tax?

Yes. Washington levies its own estate tax, with a state exemption of $3 million and rates of 10%-20%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Washington have an inheritance tax?

No. Washington does not tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Register through the DOL or Donate Life Washington.

Washington uses an opt-in donor registry. You can register when you get or renew your driver's license or ID, or online at DonateLifeWashington.org. Registration is legally binding. Family members cannot override a registered donor's decision.

First-person authorization.

Washington follows the Uniform Anatomical Gift Act (UAGA). A registered donor's decision is legally binding and cannot be overridden by family members. If you are not registered, your next of kin can authorize donation.