reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.040 - Dedication, when complete.

RCW 68.24.040
Dedication, when complete.
Upon the filing of the map or plat and the filing of the declaration for record, the dedication is complete for all purposes and thereafter the property shall be held, occupied, and used exclusively for a cemetery and for cemetery purposes.
[ 1943 c 247 § 64; Rem. Supp. 1943 § 3778-64.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.050 - Constructive notice.

RCW 68.24.050
Constructive notice.
The filed map or plat and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes.
[ 1943 c 247 § 66; Rem. Supp. 1943 § 3778-66.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.060 - Maps and plats—Amendment.

RCW 68.24.060
Maps and plats—Amendment.
Any part or subdivision of the property so mapped and plotted may, by order of the directors, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb the interred remains of any deceased person.
[ 1943 c 247 § 65; Rem. Supp. 1943 § 3778-65.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.070 - Permanency of dedication.

RCW 68.24.070
Permanency of dedication.
After property is dedicated to cemetery purposes pursuant to RCW 68.24.010 through 68.24.060, neither the dedication, nor the title of a plot owner, shall be affected by the dissolution of the cemetery authority, by nonuser on its part, by alienation of the property, by any incumbrances, by sale under execution, or otherwise except as provided in *this act.
[ 1943 c 247 § 67; Rem. Supp. 1943 § 3778-67.]
NOTES:
*Reviser's note: For "this act," see note following RCW 68.04.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.080 - Rule against perpetuities, etc., inapplicable.

RCW 68.24.080
Rule against perpetuities, etc., inapplicable.
Dedication to cemetery purposes pursuant to *this act is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the placement of human remains, and a duty to, and for the benefit of, the general public.
[ 2005 c 365 § 74; 1943 c 247 § 68; Rem. Supp. 1943 § 3778-68.]
NOTES:
*Reviser's note: For "this act," see note following RCW 68.04.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.090 - Removal of dedication—Procedure.

RCW 68.24.090
Removal of dedication—Procedure.
Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:
(1) That no placements of human remains were made in or that all placements of human remains have been removed from that portion of the property from which dedication is sought to be removed.
(2) That the portion of the property from which dedication is sought to be removed is not being used for placement of human remains.
(3) That notice of the proposed removal of dedication has been given in writing to both the funeral and cemetery board and the department of archaeology and historic preservation. This notice must be given at least sixty days before filing the proceedings in superior court. The notice of the proposed removal of dedication shall be recorded with the auditor or recording officer of the county where the cemetery is located at least sixty days before filing the proceedings in superior court.
[ 2009 c 102 § 13; 2005 c 365 § 75; 1999 c 367 § 2; 1987 c 331 § 34; 1943 c 247 § 76; Rem. Supp. 1943 § 3778-76.]
NOTES:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.810.
Effective date—1987 c 331: See RCW 68.05.900.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.100 - Notice of hearing.

RCW 68.24.100
Notice of hearing.
The notice of hearing provided in RCW 68.24.090 shall be given by publication once a week for at least three consecutive weeks in a newspaper of general circulation in the county where said cemetery is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from which the dedication is to be removed. The notice shall:
(1) Describe the portion of the cemetery property sought to be removed from dedication.
(2) State that all human remains have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication.
(3) Specify the time and place of the hearing.
[ 2005 c 365 § 76; 1943 c 247 § 77; Rem. Supp. 1943 § 3778-77.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.110 - Sale of plots or rights of interment.

RCW 68.24.110
Sale of plots or rights of interment.
After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots or rights of interment subject to the rules in effect or thereafter adopted by the cemetery authority. Plots or rights of interment may be subject to other limitations, conditions, and restrictions as may be part of the declaration of dedication by reference, or included in the instrument of conveyance of the plot or rights of interment.
[ 2005 c 365 § 77; 1943 c 247 § 70; Rem. Supp. 1943 § 3778-70. FORMER PART OF SECTION: 1943 c 247 § 72 now codified as RCW 68.24.115.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.115 - Execution of conveyances.

RCW 68.24.115
Execution of conveyances.
All conveyances made by a cemetery authority shall be signed by such officer or officers as are authorized by the cemetery authority.
[ 1943 c 247 § 72; Rem. Supp. 1943 § 3778-72. Formerly RCW 68.24.110, part.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.120 - Plots or rights of interment indivisible.

RCW 68.24.120
Plots or rights of interment indivisible.
All plots or rights of interment, the use of which has been conveyed by deed or certificate of ownership as a separate plot or right of interment, are indivisible except with the consent of the cemetery authority, or as provided by law.
[ 2005 c 365 § 78; 1943 c 247 § 71; Rem. Supp. 1943 § 3778-71.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.130 - Sale for resale prohibited—Penalty.

RCW 68.24.130
Sale for resale prohibited—Penalty.
It shall be unlawful for any person, firm, or corporation to sell or offer to sell a cemetery plot or right of interment upon the promise, representation, or inducement of resale at a financial profit. Each person violating this section shall be guilty of a misdemeanor and each violation shall constitute a separate offense.
[ 2005 c 365 § 79; 1943 c 247 § 73; Rem. Supp. 1943 § 3778-73.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.140 - Commission on sales prohibited—Penalty.

RCW 68.24.140
Commission on sales prohibited—Penalty.
It shall be unlawful for a cemetery authority to pay or offer to pay to any person, firm, or corporation, directly or indirectly, a commission or bonus or rebate or other thing of value for the sale of a plot, right of interment, or services. This shall not apply to an owner or a person regularly employed by the cemetery authority for such purpose. Each person violating this section shall be guilty of a misdemeanor and each violation shall constitute a separate offense.
[ 2005 c 365 § 80; 1943 c 247 § 74; Rem. Supp. 1943 § 3778-74.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.150 - Unlawful employment of others to dispose of human remains.

RCW 68.24.150
Unlawful employment of others to dispose of human remains.
Every person who pays, causes to be paid, or offers to pay to any other person, firm, or corporation, directly or indirectly, except as provided in RCW 68.24.140, any commission, bonus, or rebate, or other thing of value in consideration of recommending or causing the disposition of human remains in any cremation, alkaline hydrolysis, or natural organic reduction facility or cemetery, is guilty of a misdemeanor. Each violation constitutes a separate offense.
[ 2019 c 432 § 18; 2005 c 365 § 81; 1943 c 247 § 75; Rem. Supp. 1943 § 3778-75.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.160 - Liens subordinate to dedication.

RCW 68.24.160
Liens subordinate to dedication.
All mortgages, deeds of trust, and other liens placed upon property which has been dedicated as a cemetery, or which is afterwards dedicated to cemetery purposes pursuant to this section, shall not affect or defeat the dedication. The mortgage, deed of trust, or other lien is subject and subordinate to the dedication. Any and all sales made upon foreclosure are subject and subordinate to the dedication for cemetery purposes.
[ 2005 c 365 § 82; 1943 c 247 § 60; Rem. Supp. 1943 § 3778-60.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.170 - Record of ownership and transfers.

RCW 68.24.170
Record of ownership and transfers.
A record shall be kept of the ownership of all plots or rights of interment in the cemetery, which have been conveyed by the cemetery authority and of all transfers of plots and rights of interment in the cemetery. No transfer of any plot or right of interment, shall be complete or effective until recorded on the books of the cemetery authority.
[ 2005 c 365 § 83; 1943 c 247 § 40; Rem. Supp. 1943 § 3778-40. FORMER PART OF SECTION: 1943 c 247 § 41 now codified as RCW 68.24.175.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.180 - Opening of roads, railroads through cemetery—Consent required.

RCW 68.24.180
Opening of roads, railroads through cemetery—Consent required.
After dedication under this title, and as long as the property remains dedicated to cemetery purposes, a railroad, street, road, alley, pipe line, pole line, or other public thoroughfare or utility shall not be laid out, through, over, or across any part of it without the consent of the cemetery authority or of not less than two-thirds of the owners of plots or rights of interment.
[ 2005 c 365 § 84; 1994 c 273 § 20; 1984 c 7 § 369; 1959 c 217 § 1; 1947 c 69 § 1; 1943 c 247 § 69; Rem. Supp. 1947 § 3778-69.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.190 - Opening road through cemetery—Penalty.

RCW 68.24.190
Opening road through cemetery—Penalty.
Every person who shall make or open any road, or construct any railway, turnpike, canal, or other public easement over, through, in, or upon any property used for the burial of human remains, without authority of law or the consent of the owner, shall be guilty of a misdemeanor.
[ 2005 c 365 § 85; 1909 c 249 § 241; RRS § 2493.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.220 - Burying place exempt from execution.

RCW 68.24.220
Burying place exempt from execution.
Whenever any part of such burying ground shall have been designated and appropriated by the owners as the burying place of any particular person or family, the same shall not be liable to be taken or disposed of by any warrant, execution, tax, or debt whatever; nor shall the same be liable to be sold to satisfy the demands of creditors whenever the estate of the owner shall be insolvent.
[ 2005 c 365 § 86; 1857 p 28 § 2; RRS § 3760.]
NOTES:
Cemetery property exempt from taxation: RCW 84.36.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.240 - Certain cemetery lands exempt from taxes, etc.—1901 c 147.

RCW 68.24.240
Certain cemetery lands exempt from taxes, etc.—1901 c 147.
Upon compliance with the requirements of *this act said lands shall forever be exempt from taxation, judgment and other liens and executions.
[ 1901 c 147 § 4; RRS § 3763.]
NOTES:
*Reviser's note: "this act" appears in 1901 c 147, the remaining sections of which were repealed by 1943 c 247 § 148. These sections read as follows:
"Section 1. Any person owning any land, exclusive of encumbrances of any kind, situate two miles outside of the corporate limits of any incorporated city or town, may have the same reserved exclusively for burial and cemetery purposes by complying with the terms of this act, provided said lands so sought to be reserved shall not exceed in area one acre.
Sec. 2. Such person or persons shall cause such land to be surveyed and platted.
Sec. 3. A deed of dedication of said tract for burial and cemetery purposes with a copy of said plat shall be filed with the county auditor of the county in which said lands are situated and the title thereto shall be and remain in the owner, his heirs and assigns, subject to the trust aforesaid."
Property taxes, exemptions: RCW 84.36.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.24 - Cemetery Property. › 68.24.250 - Cemetery arrangements, notice requirements—Disclosure of multiple interment.

RCW 68.24.250
Cemetery arrangements, notice requirements—Disclosure of multiple interment.
(1) Every cemetery shall disclose and give to the person making cemetery arrangements a written statement, contract, or other document that indicates all the items of property, merchandise, and service that the customer is purchasing, and the price of those items.
(2) Any cemetery offering single burial use of multiple interment space must include the following disclosure on the written statement, contract, or other document in conspicuous boldface type no smaller than other text provisions in the written statement, contract, or other document, to be initialed by the person making the cemetery arrangements in immediate proximity to the space reserved for the signature lines:
"DISCLOSURE OF MULTIPLE INTERMENT
State law provides that "multiple interment" means two or more noncremated human remains are buried in the ground, in outer burial enclosures or chambers, placed one on top of another, with a ground level surface the same size as a single grave or right of interment."
[ 2005 c 359 § 2.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.28 - Mausoleums and Columbariums. › 68.28.010 - Sections applicable to mausoleums, columbariums, etc.

RCW 68.28.010
Sections applicable to mausoleums, columbariums, etc.
RCW 68.28.020 through 68.28.070, 68.20.080, * 68.20.090, 68.56.040, and 68.56.050, apply to all buildings, mausoleums, and columbariums used or intended to be used for the placement of the human remains of fifteen or more persons, whether erected under or above the surface of the earth, where any portion of the building is exposed to view or, when interment is completed, is less than three feet below the surface of the earth and covered by earth.
[ 2005 c 365 § 87; 1943 c 247 § 134; Rem. Supp. 1943 § 3778-134.]
NOTES:
*Reviser's note: RCW 68.20.090 was repealed by 2005 c 365 § 161.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.28 - Mausoleums and Columbariums. › 68.28.020 - Building converted to use for human remains placement.

RCW 68.28.020
Building converted to use for human remains placement.
A building not erected for, or which is not used as, a place for placement of human remains which is converted or altered for such use is subject to *this act.
[ 2005 c 365 § 88; 1943 c 247 § 135; Rem. Supp. 1943 § 3778-135.]
NOTES:
*Reviser's note: For "this act," see note following RCW 68.04.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.28 - Mausoleums and Columbariums. › 68.28.030 - Standards of construction.

RCW 68.28.030
Standards of construction.
No building or structure intended to be used for the placement of human remains shall be constructed, and a building not used for the placement of human remains shall not be altered for use or used for interment purposes, unless constructed of such material and workmanship as will ensure its durability and permanence as dictated and determined at the time by modern mausoleum construction and engineering science.
[ 2005 c 365 § 89; 1943 c 247 § 136; Rem. Supp. 1943 § 3778-136.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.28 - Mausoleums and Columbariums. › 68.28.040 - Fireproof construction.

RCW 68.28.040
Fireproof construction.
All mausoleums or columbariums hereafter constructed shall be of class A fireproof construction.
[ 1943 c 247 § 137; Rem. Supp. 1943 § 3778-137.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.28 - Mausoleums and Columbariums. › 68.28.050 - Ordinances and specifications to be complied with.

RCW 68.28.050
Ordinances and specifications to be complied with.
If the proposed site is within the jurisdiction of a city having ordinances and specifications governing class A construction, the provisions of the local ordinances and specifications shall not be violated.
[ 1943 c 247 § 138; Rem. Supp. 1943 § 3778-138.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.28 - Mausoleums and Columbariums. › 68.28.060 - Improper construction a nuisance—Penalty.

RCW 68.28.060
Improper construction a nuisance—Penalty.
Every owner or operator of a mausoleum or columbarium erected in violation of *this act is guilty of maintaining a public nuisance. A violation of this section is a gross misdemeanor.
[ 2005 c 365 § 90; 2003 c 53 § 306; 1943 c 247 § 140; Rem. Supp. 1943 § 3778-140.]
NOTES:
*Reviser's note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.28 - Mausoleums and Columbariums. › 68.28.065 - Court to fix costs.

RCW 68.28.065
Court to fix costs.
The costs, expenses and disbursements shall be fixed by the court having jurisdiction of the case.
[ 1943 c 247 § 141; Rem. Supp. 1943 § 3778-141.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.28 - Mausoleums and Columbariums. › 68.28.070 - Construction in compliance with existing laws.

RCW 68.28.070
Construction in compliance with existing laws.
The penalties of *this act shall not apply as to any building which, at the time of construction was constructed in compliance with the laws then existing, if its use is not in violation of the laws for the protection of public health.
[ 1943 c 247 § 142; Rem. Supp. 1943 § 3778-142.]
NOTES:
*Reviser's note: For "this act," see note following RCW 68.04.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.010 - Presumption as to title.

RCW 68.32.010
Presumption as to title.
All plots or rights of interment conveyed to individuals are presumed to be the sole and separate property rights of the owner named in the instrument of conveyance.
[ 2005 c 365 § 91; 1943 c 247 § 88; Rem. Supp. 1943 § 3778-88.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.020 - Vested right of spouse or state registered domestic partner.

RCW 68.32.020
Vested right of spouse or state registered domestic partner.
The spouse or state registered domestic partner , of an owner of any plot or right of interment containing more than one placement space has a vested right of placement in the plot and any person thereafter becoming the spouse or state registered domestic partner , of the owner has a vested right of placement in the plot if more than one space is unoccupied at the time the person becomes the spouse or state registered domestic partner , of the owner.
[ 2007 c 156 § 15; 2005 c 365 § 92; 1943 c 247 § 89; Rem. Supp. 1943 § 3778-89.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.030 - Vested right—Termination.

RCW 68.32.030
Vested right—Termination.
No conveyance or other action of the owner without the written consent of the spouse or state registered domestic partner , of the owner divests the spouse or state registered domestic partner , of a vested right of placement. A final decree of divorce between them or certification of termination of the state registered domestic partnership terminates the vested right of placement unless otherwise provided in the decree.
[ 2007 c 156 § 16; 2005 c 365 § 93; 1943 c 247 § 90; Rem. Supp. 1943 § 3778-90.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.040 - Descent of title to plot or right of interment.

RCW 68.32.040
Descent of title to plot or right of interment.
If no placement is made in a plot or right of interment, which has been transferred by deed or certificate of ownership to an individual owner, the title descends to the surviving spouse or state registered domestic partner. If there is no surviving spouse or state registered domestic partner, the title descends to the heirs at law of the owner. Following death of the owner, if all remains previously placed are lawfully removed and the owner did not dispose of the plot or right of interment by specific devise or by a written declaration filed and recorded in the office of the cemetery authority, the title descends to the surviving spouse or state registered domestic partner. If there is no surviving spouse or state registered domestic partner, the title descends to the heirs at law of the owner.
[ 2007 c 156 § 17; 2005 c 365 § 94; 1979 c 21 § 15; 1943 c 247 § 91; Rem. Supp. 1943 § 3778-91.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.050 - Affidavit as authorization.

RCW 68.32.050
Affidavit as authorization.
An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot or right of interment pursuant to RCW 68.32.010 through 68.32.040, is complete authorization to the cemetery authority to permit the use of the unoccupied portions of the plot or interment right by the person entitled to the use of it.
[ 2005 c 365 § 95; 1943 c 247 § 93; Rem. Supp. 1943 § 3778-93.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.060 - Family plot—Sale.

RCW 68.32.060
Family plot—Sale.
Whenever an interment of the human remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is made in a plot transferred by deed or certificate of ownership to an individual owner and both the owner and the surviving spouse or state registered domestic partner, if any, die with children then living without making disposition of the plot either by a specific devise, or by a written declaration filed and recorded in the office of the cemetery authority, the plot shall thereafter be held as a family plot and shall be subject to sale only upon agreement of the children of the owner living at the time of sale.
[ 2007 c 156 § 18; 2005 c 365 § 96; 1979 c 21 § 16; 1943 c 247 § 98; Rem. Supp. 1943 § 3778-98.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.070 - Joint tenants—Vested rights.

RCW 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 § 97; 1943 c 247 § 94; Rem. Supp. 1943 § 3778-94.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.080 - Joint tenants—Survivorship.

RCW 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 § 98; 1943 c 247 § 95; Rem. Supp. 1943 § 3778-95.]
NOTES:
Co-owners, simultaneous death: RCW 11.05A.040.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.090 - Joint tenants—Identification.

RCW 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 unoccupied portion of the plot or right of interment in accordance with the directions of the surviving joint tenants.
[ 2005 c 365 § 99; 1943 c 247 § 96; Rem. Supp. 1943 § 3778-96.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.100 - Co-owners may designate representative.

RCW 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 to any owner for permitting the placement in the plot or right of interment upon the request or direction of any co-owner of the plot or right of interment.
[ 2005 c 365 § 100; 1943 c 247 § 97; Rem. Supp. 1943 § 3778-97.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.110 - Order of interment—General.

RCW 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 partner of any child of the owner, then to the heirs at law of the owner, in the order of death.
[ 2007 c 156 § 19; 2005 c 365 § 101; 1943 c 247 § 99; Rem. Supp. 1943 § 3778-99.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.130 - Waiver of right of placement.

RCW 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 the waiver is made may be placed in the plot.
[ 2007 c 156 § 20; 2005 c 365 § 102; 1943 c 247 § 101; Rem. Supp. 1943 § 3778-101.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.140 - Termination of vested right by waiver.

RCW 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 § 103; 1943 c 247 § 102; Rem. Supp. 1943 § 3778-102.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.150 - Limitations on vested rights.

RCW 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 deceased person placed in a single space in violation of the rules and regulations of the cemetery in which the space is located.
[ 2005 c 365 § 104; 1943 c 247 § 103; Rem. Supp. 1943 § 3778-103.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.160 - Conveyance of plot or right of interment to cemetery authority, effect.

RCW 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 § 105; 1943 c 247 § 104; Rem. Supp. 1943 § 3778-104.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.32 - Title and Rights to Cemetery Plots. › 68.32.170 - Exemption from inheritance tax.

RCW 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 § 92; Rem. Supp. 1943 § 3778-92.]
NOTES:
Reviser's note: The inheritance tax was repealed by 1981 2nd ex.s. c 7 § 83.100.160 (Initiative Measure No. 402). See RCW 83.100.900. For later enactment, see chapter 83.100 RCW.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.010 - Sale of abandoned space—Presumption of abandonment.

RCW 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 five years.
[ 2005 c 365 § 106; 1943 c 247 § 78; Rem. Supp. 1943 § 3778-78.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.020 - Notice—Requirements—Limitation on placing.

RCW 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 care for the unoccupied space, the cemetery may reclaim the unoccupied space. However, such a notice cannot be placed on the unoccupied space in any cemetery lot until twenty years have elapsed since the last interment in any such lot of a member of the immediate family of the record owner.
[ 2005 c 365 § 107; 1943 c 247 § 79; Rem. Supp. 1943 § 3778-79.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.030 - Petition for order of abandonment—Notice and hearing.

RCW 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 request a hearing of the petition. The superior court will fix the time for the hearing. Not less than sixty days before the time fixed for the hearing of the petition, notice and nature of the hearing shall be given to the owner of such unoccupied space.
[ 2005 c 365 § 108; 1943 c 247 § 80; Rem. Supp. 1943 § 3778-80.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.040 - Service of notice.

RCW 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 the owner is unknown, then the notice may be given by publishing the notice three times in a legal newspaper as required by this section. The cemetery authority may file an affidavit in the proceeding to the effect that the owner is unknown and that the cemetery exercised diligence in attempting to locate the unknown parties. The affidavit shall be conclusive to that effect.
[ 2005 c 365 § 109; 1943 c 247 § 81; Rem. Supp. 1943 § 3778-81.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.050 - Hearing—Order—Attorneys' fees.

RCW 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 sale. In the event the owner or claimant shall appear and file his or her answer prior to the day fixed for the hearing, the presumption of abandonment shall no longer exist, and on the day fixed for the hearing of the petition or on any subsequent day to which the hearing of the cause is adjourned, the allegations and proof of the parties shall be presented to the court and if the court shall determine that there has been a continued failure to maintain or care for the unoccupied space for a period of three consecutive years preceding the filing of the petition, an order shall be entered accordingly adjudging the unoccupied space to have been abandoned and subject to sale at the expiration of one year by the person, association, corporation, or municipality having ownership of the cemetery containing the same. Upon any adjudication of abandonment, the court shall fix such sum as it shall deem reasonable as attorneys' fees for petitioner's attorney for rights of interment adjudged to have been abandoned in such proceedings.
[ 2005 c 365 § 110; 1943 c 247 § 82; Rem. Supp. 1943 § 3778-82.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.060 - Contract for care before adjudication.

RCW 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 § 1; 1943 c 247 § 83; Rem. Supp. 1943 § 3778-83.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.070 - Contract for care within one year after adjudication.

RCW 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 to have been abandoned shall be vacated upon petition of the former owner.
[ 1953 c 290 § 2; 1943 c 247 § 84; Rem. Supp. 1943 § 3778-84.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.080 - Sale after one year.

RCW 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 title thereto.
[ 1943 c 247 § 85; Rem. Supp. 1943 § 3778-85.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.36 - Abandoned Lots. › 68.36.100 - Petition may cover several lots.

RCW 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 Uncared for Space located in . . . . . . . . . Cemetery."
[ 1943 c 247 § 87; Rem. Supp. 1943 § 3778-87.]
NOTES:
*Reviser's note: For "this act," see note following RCW 68.04.020.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.010 - Cemetery authorities—Deposit in endowment care fund required.

RCW 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 than its current list price, or gives away, bequeaths, or otherwise gives title to an interment right, the interment right shall be endowed at the rate at which it would normally be endowed.
The deposits shall be made not later than the twentieth day of the month following the final payment on the sale price. If a contract for interment rights is sold, pledged, or otherwise encumbered as security for a loan by the cemetery authority, the cemetery authority shall pay into the endowment care fund ten percent of the gross sales price of the interment right within twenty days of receipt of payment of the proceeds from such sale or loan.
Any cemetery hereafter established shall have deposited in an endowment care fund the sum of twenty-five thousand dollars before selling any interment right.
[ 2005 c 365 § 111; 1987 c 331 § 35; 1984 c 53 § 1; 1961 c 133 § 2; 1953 c 290 § 4; 1943 c 247 § 118; Rem. Supp. 1943 § 3778-118.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.025 - Nonendowed sections—Identification.

RCW 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 be identified as such by posting of a legible sign containing the following phrase: "Nonendowment section."
[ 2005 c 365 § 112; 1987 c 331 § 36.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.040 - Endowment care fiscal reports—Review by plot owners.

RCW 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 § 14; 1987 c 331 § 37; 1953 c 290 § 7; 1943 c 247 § 122; Rem. Supp. 1943 § 3778-122.]
NOTES:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.810.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.060 - May accept property in trust—Application of income.

RCW 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 preservation of any monument, fence, building, or other structure in the cemetery;
(3) Planting or cultivation of trees, shrubs, or plants in or around any part of the cemetery;
(4) Special care or ornamenting of any part of any interment right, section, or building in the cemetery; and
(5) Any purpose or use consistent with the purpose for which the cemetery was established or is maintained.
[ 2005 c 365 § 113; 1987 c 331 § 38; 1953 c 290 § 8; 1943 c 247 § 129; Rem. Supp. 1943 § 3778-129.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.085 - Representing fund as perpetual—Penalty.

RCW 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 § 311; 1953 c 290 § 24.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.090 - Penalty.

RCW 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 c 117 § 312; 1987 c 331 § 39; 1943 c 247 § 125; Rem. Supp. 1943 § 3778-125.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.095 - Certain cemeteries exempt from chapter.

RCW 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 § 40.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.100 - Only nonendowment care cemeteries now in existence are authorized.

RCW 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 § 18.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.40 - Endowment and Nonendowment Care. › 68.40.900 - Effective date—1987 c 331.

RCW 68.40.900
Effective date—1987 c 331.
See RCW 68.05.900.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.44 - Endowment Care Fund. › 68.44.010 - Funds authorized—Investments.

RCW 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 proportion that each contributed to the sum invested. The funds shall be held in the name of the trustees appointed by the cemetery authority with the words "endowment care fund" being a part of the name.
[ 1987 c 331 § 41; 1953 c 290 § 11; 1943 c 247 § 105; Rem. Supp. 1943 § 3778-105.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.44 - Endowment Care Fund. › 68.44.020 - Use and care of funds.

RCW 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 remain inviolable and may not be reduced in any way not found within RCW 11.100.020.
[ 2005 c 365 § 114; 1987 c 331 § 42; 1953 c 290 § 12. Prior: (i) 1943 c 247 § 106; Rem. Supp. 1943 § 3778-106. (ii) 1943 c 247 § 126; Rem. Supp. 1943 § 3778-126.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.44 - Endowment Care Fund. › 68.44.030 - Authorized investments.

RCW 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, or trustee, shall borrow any of such funds for himself or herself, directly or indirectly.
(2) No funds shall be loaned to the cemetery authority, its agents, or employees, or to any corporation, partnership, or other business entity in which the cemetery authority has any ownership interest.
(3) No funds shall be invested with persons or business entities operating in a business field directly related to cemeteries, including, but not limited to, mortuaries, monument production and sales, florists, and rental of funeral facilities.
(4) Notwithstanding any other provisions contained in this section, funds may be invested in any commercial bank, mutual savings bank, or savings and loan association duly chartered and operating under the laws of the United States or statutes of the state of Washington.
[ 2012 c 117 § 313; 1985 c 30 § 138. Prior: 1984 c 149 § 175; 1979 c 21 § 19; 1953 c 290 § 13; 1943 c 247 § 127; Rem. Supp. 1943 § 3778-127.]
NOTES:
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.44 - Endowment Care Fund. › 68.44.060 - Unauthorized loans—Penalty.

RCW 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 § 2; 1943 c 247 § 133; Rem. Supp. 1943 § 3778-133.]