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68.32.070 | Joint tenants—Vested rights. | 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.] |
68.32.080 | Joint tenants—Survivorship. | 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.]
Co-owners, simultaneous death: RCW 11.05A.040 . |
68.32.090 | Joint tenants—Identification. | 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 ... |
68.32.100 | Co-owners may designate representative. | 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 t... |
68.32.110 | Order of interment—General. | 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... |
68.32.130 | Waiver of right of placement. | 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... |
68.32.140 | Termination of vested right by waiver. | 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.] |
68.32.150 | Limitations on vested rights. | 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 decease... |
68.32.160 | Conveyance of plot or right of interment to cemetery authority, effect. | 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.] |
68.32.170 | Exemption from inheritance tax. | 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.]
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,... |
68.36.010 | Sale of abandoned space—Presumption of abandonment. | 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 ... |
68.36.020 | Notice—Requirements—Limitation on placing. | 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 ... |
68.36.030 | Petition for order of abandonment—Notice and hearing. | 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 r... |
68.36.040 | Service of notice. | 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 t... |
68.36.050 | Hearing—Order—Attorneys' fees. | 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 sal... |
68.36.060 | Contract for care before adjudication. | 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.] |
68.36.070 | Contract for care within one year after adjudication. | 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 t... |
68.36.080 | Sale after one year. | 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 titl... |
68.36.100 | Petition may cover several lots. | 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 U... |
68.40.010 | Cemetery authorities—Deposit in endowment care fund required. | 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... |
68.40.025 | Nonendowed sections—Identification. | 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 b... |
68.40.040 | Endowment care fiscal reports—Review by plot owners. | 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 ... |
68.40.060 | May accept property in trust—Application of income. | 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 preservati... |
68.40.085 | Representing fund as perpetual—Penalty. | 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 .] |
68.40.090 | Penalty. | 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 ... |
68.40.095 | Certain cemeteries exempt from chapter. | 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 .] |
68.40.100 | Only nonendowment care cemeteries now in existence are authorized. | 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 .] |
68.40.900 | Effective date—1987 c 331. | See RCW 68.05.900 . |
68.44.010 | Funds authorized—Investments. | 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 propo... |
68.44.020 | Use and care of funds. | 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 rem... |
68.44.030 | Authorized investments. | 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, o... |
68.44.060 | Unauthorized loans—Penalty. | 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.] |
68.44.070 | Use of contributions to funds. | 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 ... |
68.44.080 | Plans for care—Financing. | 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 ... |
68.44.090 | Covenant to care for cemetery. | 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.] |
68.44.100 | Agreement by owner to care for plot. | 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 ... |
68.44.110 | Trustees of fund. | 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 ; 19... |
68.44.115 | Trustee to file statement with board—Resignation of trusteeship. | 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 fid... |
68.44.120 | Directors as trustees—Secretary. | 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 3... |
68.44.130 | Bank or trust company as trustee. | 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 ... |
68.44.140 | Compensation of trustees. | 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 2... |
68.44.150 | Annual report. | 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 o... |
68.44.160 | Contributions. | 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... |
68.44.170 | Use of income from fund. | 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. ... |
68.44.180 | Certain cemeteries exempt from chapter. | 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 .] |
68.44.900 | Effective date—1987 c 331. | See RCW 68.05.900 . |
68.46.010 | Definitions. | 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 normall... |
68.46.020 | Prearrangement trust funds—Required. | 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 .] |
68.46.030 | Prearrangement trust funds—Deposits—Bond requirements. | (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 dir... |
68.46.040 | Prearrangement trust funds—Deposit of funds. | (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 be... |
68.46.050 | Withdrawals from trust funds—Notice of department of social and health services' claim. | (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 pre... |
68.46.055 | Indebtedness limitations. | 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 incl... |
68.46.060 | Termination of contract by purchaser or beneficiary. | 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 contr... |
68.46.070 | Involuntary termination of contract—Refund. | 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 pur... |
68.46.075 | Inactive contracts—Funds transfer—Obligations. | 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 autho... |
68.46.080 | Other use of trust funds prohibited. | 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 36... |
68.46.090 | Financial reports—Filing—Verification. | 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 ... |
68.46.100 | Prearrangement contract requirements. | 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 conta... |
68.46.110 | Compliance required. | 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 cemet... |
68.46.125 | Certain cemeteries exempt from chapter. | 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 .] |
68.46.130 | Exemptions from chapter granted by board. | 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 n... |
68.46.160 | Contract forms—Filing. | 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; ... |
68.46.170 | Sales licenses—Requirement. | 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 .] |
68.46.175 | Unconstructed crypts, etc., as part of contract—Requirements. | (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 per... |
68.46.900 | Effective date—1987 c 331. | See RCW 68.05.900 . |
68.50.010 | Coroner's jurisdiction over remains. | 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 circumstan... |
68.50.015 | Immunity for determining cause and manner of death—Judicial review of determination. | 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 .] |
68.50.020 | Notice to coroner or medical examiner—Penalty. | 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 ... |
68.50.032 | Transportation of remains directed by coroner or medical examiner—Costs. | 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 providi... |
68.50.035 | Unlawful to refuse burial to non-Caucasian. | 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 .] |
68.50.040 | Deceased's effects to be listed. | 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 ... |
68.50.050 | Removal or concealment of body—Penalty. | (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... |
68.50.060 | Bodies for instruction purposes. | 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 ... |
68.50.070 | Human remains—Disposition. | (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 inst... |
68.50.080 | Certificate and bond before receiving bodies. | 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 ... |
68.50.090 | Penalty. | 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 .] |
68.50.100 | Dissection, when permitted—Autopsy of person under the age of three years. | (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 partn... |
68.50.101 | Autopsy, postmortem—Who may authorize. | 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 ... |
68.50.102 | Court petition for autopsy—Cost. | 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 .] |
68.50.103 | Autopsies in industrial deaths. | 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 rece... |
68.50.104 | Cost of autopsy. | (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, i... |
68.50.105 | Autopsies, postmortems—Reports and records confidential—Exceptions.(Effective until 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 registered nurse prac... |
68.50.106 | Autopsies, postmortems—Analyses—Opinions—Evidence—Costs. | 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 o... |
68.50.107 | State toxicological laboratory established—State toxicologist. | 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 a... |
68.50.108 | Autopsies, postmortems—Consent to embalm, cremate body, or make final disposition—Time limitation. | 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 postmor... |
68.50.110 | Burial, cremation, alkaline hydrolysis, or natural organic reduction. | 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, ... |
68.50.115 | Coroner and medical examiner liability—Release of information. | 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 compl... |
68.50.120 | Holding body for debt—Penalty. | 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 .] |
68.50.130 | Unlawful disposal of remains. | Every person who performs a disposition of any human remains, except as otherwise provided by law, in any place, except in a cemetery or a building dedicated exclusively for religious purposes, is guilty of a misdemeanor. Disposition of human remains following cremation, alkaline hydrolysis, or natural organic reductio... |
68.50.140 | Unlawful disturbance, removal, or sale of human remains—Penalty. | (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 o... |
68.50.160 | Right to control disposition of remains—Liability of funeral establishment or cemetery authority—Liability for cost. | (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, ... |
68.50.170 | Effect of authorization. | 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... |
68.50.185 | Individual final disposition—Exception—Penalty. | (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 havi... |
68.50.200 | Permission to remove human remains. | 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) ... |
68.50.210 | Notice for order to remove remains. | 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 2... |
68.50.220 | Exceptions. | 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 disinte... |
68.50.230 | Human remains that have not been disposed—Rules. | (1) Whenever any human remains shall have been in the lawful possession of any person, firm, corporation, county, or association for a period of 45 days or more, and the relatives of, or persons interested in, the deceased person shall fail, neglect, or refuse to direct the disposition, the human remains may be dispose... |
68.50.232 | Remains—Entrusting to funeral homes or mortuaries. | See RCW 36.24.155 . |
68.50.240 | Record of human remains to be kept. | The person in charge of any premises on which final dispositions are made must keep a record of all human remains on the premises under his or her charge, in each case stating the name of each deceased person, date of final disposition, and name and address of the funeral establishment.
[ 2019 c 432 s 26 ; 2005 c 365 s... |
68.50.270 | Possession of human remains. | The person or persons determined under RCW 68.50.160 as having authority to order disposition is entitled to possession of the human remains without further intervention by the state or its political subdivisions.
[ 2019 c 432 s 27 ; 2005 c 365 s 148 ; 1987 c 331 s 63 ; 1977 c 47 s 4 . Formerly RCW 68.08.245 .]
Effecti... |
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