Who Can Authorize Cremation in Washington State?
From Everendium · Last reviewed October 15, 2026
This guide covers Washington. For the general overview, see Right of Disposition Explained.
Quick answer
Washington's law (RCW 68.50.160) decides who can authorize cremation. If the person left no valid written instructions, the right passes in this order: the spouse or registered domestic partner, a majority of adult children, the surviving parents, a majority of siblings, and a court-appointed guardian (the military designee and the written agent come first). A majority of surviving adult children or siblings controls. The statute lists "surviving parents" without a separate vote formula.
Washington’s rules on who controls a body after death are in RCW 68.50.160. They go beyond the simple “spouse, then children” pattern many people assume, and some details can change the outcome for a family.
What if the person left written instructions?
A person’s signed writing made in a witness’s presence directs disposition. A written designated agent follows a qualifying military designee and comes before the family.
Who decides if there are no written instructions?
If there are no valid written instructions, RCW 68.50.160 gives the right to decide in this order: the spouse or registered domestic partner, a majority of adult children, the surviving parents, a majority of siblings, and a court-appointed guardian (the military designee and the written agent come first).
What if relatives of equal rank disagree?
A majority of surviving adult children or siblings controls. The statute lists “surviving parents” without a separate vote formula. This section has no dedicated contest petition.
Can someone lose the right to decide?
The statute sets no fixed inaction clock. After a good-faith search, a provider may accept authorization from the most responsible available party. An arrest or charge for first- or second-degree murder or first-degree manslaughter connected with the death passes control down the list.
What should the family do first?
Tell the funeral home or crematory about any signed documents (a will, a health-care directive, or a disposition form recognized in Washington) and about any relatives who rank equally. Ask which person it is treating as the authorizing agent and what in RCW 68.50.160 it is relying on. If relatives disagree, many states let a provider wait for a court order or a written agreement, so ask how yours handles it. See who pays for a funeral when siblings disagree and when ex-spouses or estranged relatives claim a say in the funeral, and what to do when someone dies in Washington.
Add this to your Final Day Plan: your own preference between burial and cremation, in writing, and the name of the person you want to direct it, in a signed writing that meets Washington’s requirements. Ask a funeral home or an attorney what those are.
State law changes, and funeral homes apply it to the facts of each case. This is general educational information, not legal advice; an attorney licensed in Washington can tell you what applies to your family.
Sources
About this review
Everendium Editorial Team · last reviewed October 15, 2026.
Order of priority, tie rules, deadlines, and disqualifications are paraphrased from a 50-state statutory survey in which each state was checked in early October 2026 (Ezel, a legal research service, so a secondary source) and compared with the Funeral Consumers Alliance's state-by-state compilation. Excerpts were also read for RCW 68.50.160 as quoted by funeral homes. Full statute text was not read for any state, and the survey reflects the law as of its check date. Recommended for review by an attorney licensed in Washington before wide promotion. Date-stamped October 15, 2026. This is general information, not legal advice
Related reading
Make this easier for your family.
Record what you've just read in your Final Day Plan, then download it as a PDF. Nothing is stored online.