Can you bury a relative at home in your backyard in Washington? Here’s what state law says

There are only three states in America that do not allow family members to bury their deceased relatives on private property: California, Indiana and Washington.

Representative Jim Walsh (R-Wash.) has introduced House Bill 1037 proposing an exception for the law in designated family burial grounds. It was approved by the Washington State House of Representatives in late February 2023, and has been making its way through legislative process.

With that potential burial exception in limbo, it is still illegal to bury family members on private property in Washington state.

Legally bury someone on WA property

In Washington, human remains cannot be buried anywhere besides a cemetery or a building dedicated to related religious practices.

The only way to legally bury someone on private property in Washington state is by creating a certified cemetery on that land. This requires specific licensing and permissions, which can take time. If you’re approved for a license, the city or county your property is in will have to approve the location, ensuring it does not interfere with city systems or anything else. Then, the property will have to be evaluated by the county assessor.

The unlawful disposal of human remains is considered a misdemeanor and can come with a fine of up to $500.

This does not apply to fetuses under 20 weeks gestation, per Washington law. A fetus is not considered to be “human remains” in state legal definitions until they reach 20 weeks gestation, so it is legal to bury a fetus on private property before that mark. The burial must follow all state and federal guidelines for proper burial, outlined by OSHA.