At Limitless Law, we understand that honoring the memory of loved ones is deeply personal. Some families wish to establish private burial grounds on their property to maintain a tangible and lasting connection to those they have lost. However, the law surrounding private burials in Washington State is complex and continually evolving. Here is the latest information you need to know regarding the legality of family burial grounds in Washington State:

Washington State House Bill 1037 (2023-24)

House Bill 1037 (HB 1037), introduced during the 2023-24 legislative session, aimed to make it easier for individuals to establish "family burial grounds" on private property. The bill passed the Washington House of Representatives twice with overwhelming support but ultimately stalled in the Senate. As of 2025, HB 1037 has not yet become law.

What HB 1037 Proposed

The bill would have allowed:

• Private Ownership: Only natural persons (not corporations or legal entities) could designate a family burial ground on their own property.
• Size and Location Limits: The burial area could not exceed 10% of the parcel's size and had to maintain minimum distances from property boundaries, easements, and critical areas like wetlands.
• Non-Commercial Use: Family burial grounds would strictly be for non-commercial purposes; selling plots or services was prohibited.
• Mandatory Record-Keeping: Each burial would need to be reported to the county auditor and the Washington State Department of Archaeology and Historic Preservation within 30 days, including important details such as names, dates, and GPS coordinates.
• Disclosure Requirements: Property owners would be required to disclose the existence of a family burial ground when selling the property.
• Local Control: Cities and counties would retain authority to regulate or prohibit family burial grounds within their jurisdictions.

Current Legal Status

Because HB 1037 did not pass, the existing rules remain in place. Under current Washington law:

• Burials must generally take place in licensed cemeteries or designated religious facilities.
• Establishing a private burial ground typically requires forming a nonprofit cemetery corporation and obtaining the proper licenses and approvals.
• Health and safety regulations, zoning laws, and environmental protections must also be considered.

What This Means for You

Part of any thorough estate plan involves consideration of your wishes for final disposition of your remains, among other decisions. At Limitless Law, we work hard to stay up to date on all of the latest law changes and options (including green burial, aquamation/alkaline hydrolysis, organic recomposition/human composting, and more).

Contact Us

If you have questions about private burial options or any other estate planning needs, contact Limitless Law today. Our experienced legal team is here to help you honor your loved ones with care, dignity, and legal peace of mind.

Call 360-685-0145 or click here to learn more.

This blog post is for informational purposes only and does not constitute legal advice. If you have questions about your own legal rights and options, please contact the knowledgeable team at Limitless Law PLLC to schedule a strategy session with our attorney. Call 360-685-0145 or click here to learn more.