Is It Legal to Be Buried on Your Property in Washington State?

Is it legal to be buried on your own property in Washington state?
As of June 11, 2026, yes, Washington’s new law (SHB 2239) now allows property owners to formally designate a portion of their land as a family burial ground, something that was effectively prohibited under the old rules without forming a licensed nonprofit cemetery corporation.

For most of Washington’s history, if you wanted to bury a family member on private land, the law made it nearly impossible without creating a licensed cemetery, an expensive, bureaucratic process most families couldn’t navigate. That changed this summer. And if you own property in King or Snohomish County, or anywhere in the state, there are things you should know, especially if you plan to sell.

This isn’t just a quirky legal footnote. Starting January 1, 2027, real estate sellers in Washington will be required to disclose whether their property contains a family burial ground, mausoleum, or columbarium on their seller disclosure statement. That makes this a real estate issue as much as an estate planning one.

What Washington Law Said Before June 2026

Until this summer, Washington state law required that burials take place in licensed cemeteries or designated religious facilities. Establishing a private burial ground on your own land technically required forming a nonprofit cemetery corporation and obtaining state licensing, a process that was costly, time-consuming, and rarely completed by private individuals.

As a result, many rural families who had generations of informal family burial plots on their land existed in a legal gray area. The new law was designed to address exactly that.

What SHB 2239 Actually Allows

Signed into law as Chapter 173, 2026 Laws, SHB 2239 creates a formal legal pathway for private family burial grounds in Washington. Here’s what the law allows and requires:

Size: A family burial ground may not exceed 10% of the total parcel acreage.

Setbacks: The designated area must maintain minimum distances from property boundaries, easements, roads, and critical areas such as wetlands. The specific setback requirements vary and are subject to local jurisdiction rules.

Non-commercial: Family burial grounds are strictly for non-commercial use. Charging for burial services or selling plots is prohibited.

Reporting: Each burial must be reported to the county auditor and the Washington State Department of Archaeology and Historic Preservation within 30 days, including the name of the deceased, date of burial, and GPS coordinates.

Regulatory oversight: Family burial grounds are exempt from Funeral and Cemetery Board oversight, which is what makes this designation different from a licensed private cemetery.

Local control: Cities and counties retain authority to regulate or even prohibit family burial grounds within their jurisdictions. Before designating any portion of your land, check with your local planning department.

What This Means If You’re Selling Your Home

Here’s the part that affects you as a Washington homeowner: beginning January 1, 2027, sellers are required to disclose whether their property contains a family burial ground, mausoleum, or columbarium on the environmental section of the seller disclosure statement (commonly known as Form 17).

This is a meaningful change to the disclosure process. If you, or a previous owner, have designated any portion of the property as a family burial ground under the new law, that information must be shared with potential buyers before they sign a purchase agreement.

For the vast majority of King and Snohomish County sellers, this question will simply be answered “no.” But for rural properties, larger parcels, and older acreage where informal family plots may exist, it’s worth understanding your disclosure obligations before you list.

If you’re unsure whether something on your property qualifies, that’s exactly the kind of question to sort out before you go to market, not after you’re under contract.

What Buyers Should Know

If you’re purchasing property in Washington, particularly rural land, acreage, or older farmsteads, it’s worth asking your agent whether the property has any burial designations, and reviewing the seller disclosure carefully. Under the new law, disclosed family burial grounds run with the land, meaning future owners inherit the designation and its implications.

That doesn’t automatically make a property a bad purchase. But it’s a material fact that affects how you might use, develop, or eventually sell the land yourself.

From a practical standpoint, having a burial ground on a property can complicate development plans, affect how lenders or insurers view the parcel, and require ongoing record-keeping obligations for future owners.

Does This Apply to King and Snohomish County Properties?

The new law is statewide, but the practical impact will vary by location. Rural properties in Snohomish County, particularly larger parcels in areas like Monroe, Granite Falls, or Darrington, are more likely to see this come up than urban King County neighborhoods where parcel sizes and zoning simply don’t support the concept.

That said, even suburban homeowners should be aware that this question will appear on seller disclosure forms beginning in 2027. When Emily Cressey at HomePro Associates prepares sellers for the listing process, reviewing the updated Form 17 carefully is part of the standard process.

Frequently Asked Questions

Does having a family burial ground affect my property value in Washington?

It can. A disclosed family burial ground may affect how buyers perceive the property, how lenders evaluate it, and what development options exist. The impact depends heavily on the property type, size, and local market. A rural 10-acre parcel is a very different situation than a suburban quarter-acre lot. If you have questions specific to your property, speaking with a local real estate broker who knows your market is the best starting point.

Can a future owner of my property remove or relocate a family burial ground?

Washington law on this is nuanced. Relocation of human remains requires compliance with state and local regulations, including notifications to the Department of Archaeology and Historic Preservation. This is not a simple or inexpensive process. It’s one of the reasons buyers purchasing property with any burial designation should understand the long-term implications before closing.

Do I need to disclose an informal or historical burial site that predates SHB 2239?

The new law’s disclosure requirement specifically covers formal designations under SHB 2239, as well as mausoleums and columbariums. However, Washington’s general disclosure law already requires sellers to disclose known material facts. If you are aware of historical remains or an informal burial site on your property, consult a real estate attorney before listing, this is a situation where getting legal guidance upfront protects you.

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This is one of those topics that catches people off guard, but knowing it exists puts you ahead. If you’re planning to sell in King or Snohomish County and want to make sure your disclosure is complete and your listing is positioned correctly, visit HomeProAssociates.com for resources, market insights, and hundreds of articles covering every aspect of buying and selling in Greater Seattle.

Emily Cressey is a REALTOR®, Broker, and Team Lead at HomePro Associates, affiliated with Keller Williams Greater Seattle. She serves buyers, sellers, and investors throughout King and Snohomish counties, Washington State. WA Real Estate License #20109399.