Washington
Death Laws & End-of-Life Guide

At a Glance

The 5-day rule.

In Washington, the report of death must be filed within five calendar days after the death, and before the body is buried, cremated, or otherwise disposed of. It goes to the local registrar in the local health jurisdiction where the death happened, not straight to the state; the department registers it from there (RCW 70.58A.200). The funeral home or the person with the right to control disposition is responsible for filing it.

Who files it.

The funeral home, mortuary, or person in charge of disposition files the death certificate. They have two calendar days to get it to the medical certifier, and the certifier has two calendar days to attest to the cause, date and time of death and hand it back. Washington doesn't limit certifying to physicians: a medical certifier is anyone whose professional scope of practice covers it (RCW 70.58A.010). If the death was unexpected or looks unnatural, the medical examiner or coroner takes over.

Who can order copies.

Washington runs a closed list, not a general-interest test. Under RCW 70.58A.530(9) a full death certificate goes only to the decedent's spouse or domestic partner, child, parent, stepparent, stepchild, sibling, grandparent, great grandparent, grandchild, great grandchild, the legal guardian immediately before death, a legal or authorized representative, next of kin under RCW 11.28.120, the funeral director or establishment named on the record within twelve months of the death, or a government agency or court doing its official work. There's a second, wider door: a short form that leaves off cause and manner of death, which anyone can get who shows the copy is needed to settle a personal or property right connected to the death.

• -Washington State Department of Health: doh.wa.gov/licenses-permits-and-certificates/vital-records
• -Cost: $25 per certificate. Ordering online or by phone through VitalChek adds an $8.50 VitalChek fee and a $7 DOH processing fee, so a single copy starts at $40.50
• -By mail it's $25 and DOH ships within 6 to 8 weeks of receiving your order and payment
• -Local health departments sell most birth and death certificates in person, usually same day. Call first to confirm they hold the record and year you need

Who can order a death certificate in Washington?

Only qualified applicants get a certified death certificate: the spouse or domestic partner, a child, parent, stepparent, stepchild, sibling, grandparent, grandchild, great-grandparent or great-grandchild, a legal guardian, legal or authorized representative, next of kin, a government agency or court, or, within 12 months of the death, the funeral director or the person controlling disposition. Anyone can request a noncertified informational copy of the short form. Certified copies come from Washington's Center for Health Statistics, Washington State Department of Health; local health departments issue same-day copies, in person at a local health department, online or by phone through VitalChek, or by mail with the order form.

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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

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 personal property when the estate subject to probate, less liens and encumbrances, doesn't exceed $100,000. That's a net figure, not a gross one, and it leaves out the surviving spouse's or domestic partner's community property interest. The affidavit reaches personal property only, so real estate still needs probate, and so does anything above the line.

Small estate affidavit.

If the estate qualifies, a successor can use a Small Estate Affidavit to collect assets without court involvement. There are two waiting periods, and people miss the second one.

• -Wait 40 days from the date of death
• -The estate subject to probate, less liens and encumbrances, must not exceed $100,000
• -Personal property only. The affidavit can't transfer real estate
• -Give every other successor written notice of your claim and what you're claiming, then wait 10 days before you present the affidavit
• -No court filing required. Present the affidavit directly to the bank or other holder
• -No personal representative may have been appointed anywhere, and the decedent's debts and funeral costs must be paid or provided for

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.

Handwritten wills.

Washington doesn't accept an unwitnessed handwritten will made here. Every will needs two or more competent witnesses, whether it's typed or written by hand (RCW 11.12.020). A will that was valid under the law of the place it was signed, or of the state the person lived in when they signed it or died, is valid in Washington too, so a handwritten will made in a state that allows them can still be probated here.

Source: RCW 11.12.020 (Washington State Legislature) ↗

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’re 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) ↗

Time off work after a death in Washington

Washington is one of nine states that require a private employer to give bereavement leave. The limits matter as much as the entitlement.

Who it covers. Only a worker whose newborn or newly placed child died; the clause doesn't reach the death of a spouse, parent, sibling, grandparent, or adult child. You also have to have worked 820 hours in the qualifying period to draw any Paid Leave benefit. Benefits come from the state insurance program rather than your employer, so employer size doesn't limit the benefit itself, though job restoration under RCW 50A.35.010 reaches employers with 25 or more employees in 2026, 15 or more in 2027, and 8 or more from 2028, and requires 180 days with that employer.

How much. Up to 7 calendar days after the death, and only for a narrow set of deaths. The person who died has to be a family member the employee would have qualified for birth or bonding leave for, which in practice means a newborn, or a child under 18 placed with the employee by adoption or foster care, within the first 12 months. A Washington worker whose spouse, parent, sibling, grandparent, or adult child dies gets nothing under this clause. The 7 days draw from the employee's family leave entitlement in the claim year.

Paid or unpaid. Paid, through the state Paid Family and Medical Leave program. The employer isn't the payer.

Washington doesn't have general bereavement leave, and this clause is easy to overstate. The seven days apply only when the person who died is the family member the employee would have taken birth or bonding leave for. RCW 50A.05.010(10)(b) defines that leave as time "To bond with the employee's child during the first twelve months after the child's birth, or the first twelve months after the placement of a child under the age of eighteen with the employee," so in practice this is a newborn or a newly placed child. The state's own Paid Leave page for this benefit says it plainly: "Paid Leave benefits do not cover bereavement leave." That page also states the applicant doesn't have to be the birth parent, and that a child death before June 9, 2022 isn't eligible (https://paidleave.wa.gov/question/what-is-family-leave-for-the-loss-of-a-child/). A Washington worker whose parent, spouse, or adult child dies gets nothing from this statute. The job-protection thresholds are mid-phase-in right now, so the correct 2026 figure is 25 employees and it drops again in 2027 and 2028. Any guide text should carry the year.

Source: RCW 50A.05.010(10)(d) (definition of "family leave"), with benefits under ch. 50A.15 RCW and job restoration under RCW 50A.35.010 ↗

Can I leave money to care for my pet in Washington?

Yes. Washington enforces pet trusts under RCW chapter 11.118, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when no animal it names is still living, unless your trust sets an earlier end. Washington doesn't cut a pet trust off after a set number of years, so an animal that outlives you by decades stays covered. Whoever you name in the trust enforces it, and so does whoever actually has custody of the animal. If you name nobody, anyone can ask a court to appoint someone, and anyone who cares about your animal can go to court to have an enforcer appointed or removed. If the trustee you picked won't serve, the court names one. Washington wrote its own animal trust law instead of adopting the uniform one, and it left out the power other states give a judge to cut back a trust holding more than the animal needs. Say in the trust itself where anything left at the end should go, because without that it follows your will's residuary clause when you set the trust up in your will, and otherwise goes to your heirs. Name the caretaker and a backup too; the statute won't pick either one.

Source: RCW chapter 11.118 ↗

How to set one up, and what it costs →

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 doesn't 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, parents, or siblings): 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.

You sign the directive yourself, and then you have a choice: sign it in front of two witnesses, or sign it and have it acknowledged before a notary (RCW 70.122.030). Either one works. A witness can't be related to you by blood or marriage, can't be entitled to any part of your estate under a will or by law, can't be your attending physician or an employee of that physician or of the facility where you're a patient, and can't be anyone holding a claim against your estate.

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) was approved by voters as Initiative 1000 in November 2008 and took effect in March 2009. A competent adult Washington resident with a terminal disease, meaning one expected to produce death within six months, can request a prescription for medication to end their own life. The 2023 amendments changed two things the older write-ups still get wrong. The wait between the first and second oral request is now seven days, down from fifteen. And the work is no longer physician-only: a 'qualified medical provider' is a physician, a physician assistant, or an advanced practice registered nurse. You need an oral request, a written request, a second oral request at least seven days after the first, a consulting provider who confirms the diagnosis in writing, and a counseling referral if either provider thinks a psychiatric or psychological disorder or depression is impairing judgment. The patient has to self-administer.

Where do I get Washington's advance directive form?

Start with RCW 70.122.030 (Natural Death Act); RCW 11.125 (UPOAA); RCW 70.245 (Death with Dignity), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

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

Washington accepts either 2 adult witnesses or a notary, as shown in the requirements above; you don't need both. Anyone 18 or older of sound mind can make one.

At a Glance

There's no waiting period. There's paperwork.

Washington sets no minimum number of hours between death and cremation. What actually holds things up is documentation: the report of death has to be registered, and the funeral director has to hold a burial-transit permit from the local registrar, before anyone may proceed with final disposition (RCW 70.58A.210). If the coroner has jurisdiction, nothing happens without the coroner's consent, and that consent is a separate step (RCW 68.50.108). Meanwhile the body must be refrigerated or embalmed on receipt (WAC 246-500-030), with a carve-out of up to 24 hours for families who want to wash, dress, sit with, or pray over the person.

Authorization requirements.

Your own written direction comes first: a document stating where and how you want your remains handled, signed by you in front of a witness, is enough legal authority on its own, and prepaid or filed prearrangements can't be cancelled or substantially revised by survivors. Absent that, RCW 68.50.160 vests the right in this order: (1) the person named on a DD Form 93 if the decedent died in military service, (2) a designated agent named in a document you signed and dated in front of a witness, (3) spouse or state registered domestic partner, (4) a majority of surviving adult children, (5) surviving parents, (6) a majority of surviving siblings, (7) a court-appointed guardian at the time of death. The list ends there. Anyone arrested for or charged with murder or first degree manslaughter in the death loses the right.

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. Burying a body anywhere other than a cemetery, a family burial ground or a building used only for religious purposes is a misdemeanor (RCW 68.50.130). Since June 11, 2026, a person can set up a family burial ground on land they own. The ground has to sit at least 25 feet from the parcel boundary, at least 100 feet from a public right-of-way or easement and from a drinking water well (200 feet from a spring), and at least 150 feet from a designated critical area, and it can cover no more than 10 percent of the parcel. Co-owners all have to consent in writing, the owner can't sell plots or charge fees, and each burial has to be reported to the Department of Archaeology and Historic Preservation and recorded with the county auditor within 30 days (RCW chapter 68.74). Cities and counties can regulate or prohibit family burial grounds, so check with yours first.

Source: RCW chapter 68.74 (family burial grounds) ↗Source: RCW 68.50.130 ↗

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 to 8 weeks. Several Washington facilities now offer this option.

Who decides what happens to the body in Washington

Washington sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. the decedent's own written document signed before a witness, and prepaid or filed prearrangements under RCW 18.39.280-18.39.345 and ch. 68.46 RCW (not subject to cancellation or substantial revision by survivors)
2. person designated on the decedent's DD Form 93 / Record of Emergency Data, where the decedent died while serving in military service under 10 U.S.C. § 1481(a)(1)-(8)
3. designated agent named in a written document signed and dated by the decedent in the presence of a witness
4. surviving spouse or state registered domestic partner
5. the majority of the surviving adult children
6. the surviving parents
7. the majority of the surviving siblings
8. court-appointed guardian of the person at the time of death

Naming someone in advance. RCW 68.50.160(3)(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.' No notary and no prescribed statutory form; a witnessed signature and date are what the statute asks for, and the agent's direction is expressly 'sufficient to direct the type, place, and method of disposition.' Washington's health care directive is not the named vehicle. A DD Form 93 designation ranks above the designated agent for a service member's death.

When the same tier disagrees. Not stated as a court or tiebreak procedure. RCW 68.50.160 resolves within-tier conflict only by requiring 'the majority of' the surviving adult children and 'the majority of' the surviving siblings, and by RCW 68.50.160(5), which lets a cemetery authority or licensed funeral establishment that has made a good faith effort to locate anyone in (3)(a) through (g) or the estate's legal representative rely on an authority to bury or make final disposition executed by 'the most responsible party available,' without criminal or civil liability.

Anyone who has been arrested or charged with first or second degree murder or first degree manslaughter connected to the death relinquishes control, and it passes down the same list (RCW 68.50.160(4)). The right comes attached to the bill: subsection (6) makes the reasonable cost of preparation, care, and disposition a joint and several liability of all kin of the decedent in the same degree, in the listed order, and of the estate.

Source: RCW 68.50.160 (Right to control disposition of remains, and liability of a funeral establishment or cemetery authority) ↗

If you can't afford the funeral in Washington

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. County disposition of indigent remains under RCW 36.39.030. There's no statewide program and no state-set amount. Families go to the board of county commissioners, or the coroner or medical examiner, in the county where the person died. The board of county commissioners of the county where the death occurred.

What it pays. not published. RCW 36.39.030 contains no dollar figure. Each county sets its own rate, so the number has to come from the county.

What disqualifies you. RCW 36.39.030: 'The board of county commissioners of any county shall provide for the disposition of the remains of any indigent person including a recipient of public assistance who dies within the county and whose body is unclaimed by relatives or church organization.' The statute also lets a county cover its own indigent residents who die in an adjacent county outside Washington.

The official page ↗

2. If the death was caused by a crime. 'Burial expenses: up to $7,990'. Also listed: 'Family benefits of homicide victims: $40,000 maximum, includes burial expenses'. Administered by the Washington State Department of Labor & Industries, Crime Victims Compensation Program.

Washington crime victim compensation ↗

3. Money the person was already owed. Search Washington's unclaimed property before you borrow anything. Searching and claiming are free.

Washington unclaimed property ↗

The statute only obligates the county when the body is unclaimed by relatives or a church, so a family that steps forward can find itself outside the one rule that would have paid. Ask the county commissioners or the county coroner what their rate is, because the state doesn't set one.

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. Starting with deaths in 2027, the statute adjusts that figure each year for inflation and never lowers it (RCW 83.100.020(1)(a)), and the Department of Revenue's table lists $3,000,000 for 2027 and after for now.

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 doesn't 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 doesn’t 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 Working Families Tax Cuts Bill (Public Law 119-21, 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 can't override an adult donor's registered decision.

First-person authorization.

Washington follows the Uniform Anatomical Gift Act (UAGA). A registered donor's decision is legally binding, and nobody else can amend or revoke the gift after death (RCW 68.64.070). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (RCW 68.64.070(7)). Organ procurement organizations still consult families in practice, so tell yours what you decided. If you're not registered, your next of kin can authorize donation.

Source: RCW 68.64.070 (Making, amending, or revoking a gift by a person other than donor) ↗