Laws on Disposition of Deceased Person's Remains

What a Guardian May Do

Note: These statutes are current as of May 1, 2001. As with any statute, users should verify that the statutes has not been amended.

Before the death of the incapacitated person, a guardian may make and pay for reasonable funeral arrangements. Ordinarily, a guardian will seek advance authority to commit funds in this way, and will consult with the incapacitated person and with family.

RCW 11.88.150, provides that after the death of the incapacitated person the guardian of the estate may commit funds that are held by the guardian in order to arrange for burial, provided that consent is secured under RCW 68.50.160. RCW 68.50.160 is the statute that generally governs disposition of remains.

(1) Upon the death of an incapacitated person, a guardian or limited guardian of the estate shall have authority to disburse or commit those funds under the control of the guardian or limited guardian as are prudent and within the means of the estate for the disposition of the deceased incapacitated person's remains. Consent for such arrangement shall be secured according to RCW 68.50.160. If no person authorized by *RCW 68.50.150 accepts responsibility for giving consent, the guardian or limited guardian of the estate may consent, subject to the provisions of this section and to the known directives of the deceased incapacitated person. Reasonable financial commitments made by a guardian or limited guardian pursuant to this section shall be binding against the estate of the deceased incapacitated person.

*[Reviser's note: The reference to RCW 68.50.150 appears to be erroneous. RCW 68.50.160 was apparently intended.]

RCW 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, is sufficient legal authorization for the procedures to be accomplished.

(2) Prearrangements that are prepaid, or filed with a licensed funeral establishment or cemetery authority, under RCW 18.39.280 through 18.39.345 and chapter 68.46 RCW are not subject to cancellation or substantial revision by survivors. Absent actual knowledge of contrary legal authorization under this section, a licensed funeral establishment or cemetery authority shall not be held criminally nor civilly liable for acting upon such prearrangements.

(3) If the decedent has not made a prearrangement as set forth in subsection (2) of this section or the costs of executing the decedent's wishes regarding the disposition of the decedent's remains exceeds a reasonable amount or directions have not been given by the decedent, the right to control the disposition of the remains of a deceased person vests in, and the duty of disposition and the liability for the reasonable cost of preparation, care, and disposition of such remains devolves upon the following in the order named:

(a) The surviving spouse.

(b) The surviving adult children of the decedent.

(c) The surviving parents of the decedent.

(d) The surviving siblings of the decedent.

(e) A person acting as a representative of the decedent under the signed authorization of the decedent.

(4) The liability for the reasonable cost of preparation, care, and disposition devolves jointly and severally upon all kin of the decedent in the same degree of kindred, in the order listed in subsection (3) of this section, and upon the estate of the decedent.

[1993 c 297 § 1; 1992 c 108 § 1; 1943 c 247 § 29; Rem. Supp. 1943 § 3778-29. Formerly RCW 68.08.160.]

NOTES:

County burial of indigent deceased veterans: RCW 73.08.070.Disposal of remains of indigent persons: RCW 36.39.030.Order of payment of debts of estate: RCW 11.76.110.