Who Can Legally Authorize My Cremation?

Because cremation is an irreversible act, state legislation stipulates who may authorize your cremation. Your legal next of kin must provide written permission before cremation can take place. Legal authority varies from state to state and can have a significant impact on how your wishes are carried out. In Kentucky, the order of authorization is:

1. You, if you have completed a Funeral Planning Declaration Form. Once executed, you are the only one who can change it. The form is available at our office.
2. The person you named as the designee or alternate designee in a Funeral Planning Declaration Form.
3. The person named by you in a U.S. Department of Defense form “Record of Emergency Data”, if you die while serving in any branch of the United States Armed Forces.
4. You, if you completed a Preneed Cremation Authorization form before July 15, 2016,
5. Your surviving spouse.
6. Your surviving adult children, or if more than one, a majority of your adult surviving children.
7. Your surviving parent(s).
8. Your surviving adult grandchildren, or if more than one, a majority of your adult surviving grandchildren
9. Your surviving adult sibling, or if more than one, a majority of your adult surviving siblings.
10. Your next degree of kinship under KRS 391.010, or if more than one, a majority of your next degree of kinship.
11. If none of the above are available, one of the following who attests in writing showing good-faith effort to contact any of the of the individuals above, your cremation may be authorized by”
    1. A person willing to act and arrange for you final disposition; or
    2. A funeral home that has a valid prepaid funeral plan that makes arrangement for your disposition.
12. The District Court in the county of your residence or the county in which the funeral home is located.