Kentucky – Next of Kin

Who Has the Right to Make Funeral Arrangements in Kentucky?

Kentucky law determines who can make decisions about the disposition of your body by cremation. This right and responsibility goes to the following people, in order:

  • a representative (called your “designee”) that you name in a declaration form made before your death
  • your surviving spouse
  • your adult children
  • your parents
  • your grandchildren
  • your siblings
  • your next of kin, or
  • any other person willing to act for you who has a valid prepaid funeral plan setting out your arrangements, after attempting to contact anyone on the list above.

(Kentucky Revised Statutes § 367.93117.)

DISCLOSURE AT END And BEFORE SIGNATURE
By signing below, you are authorizing that you are the authorizing agent:

  • (i) have the right to authorize the cremation of the decedent;
  • (ii) are not aware of any person who has a superior priority right to that of the authorizing agent; or
  • (iii) if you are aware that there is another person who has a superior priority right to that of the authorizing agent, you are stating that you have made all reasonable efforts to contact the person, has been unable to contact the person, and has no reason to believe that the person would object to the cremation of the decedent.

(H) The manner in which final disposition of the cremated remains is to take place, if known. If the cremation authorization form does not specify final disposition in a grave, niche, or scattering area, the form may indicate that the cremated remains will be held by the crematory authority for not longer than thirty (30) days from the date of cremation before the remains are released.

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