Disposition of Human Remains, Death Certificates, and Vital Records
Vital records and authority
Kentucky death registration is governed by KRS Chapter 213. The funeral director typically obtains the personal and statistical information, while the physician, medical examiner, or coroner certifies the cause of death. The death certificate must be filed with the local registrar within the statutory period, generally five days, and before final disposition. A burial-transit permit is required before burial or cremation. The funeral director must also obtain the authorizations required for embalming, cremation, and disposition.
Right to control disposition
Kentucky statutes establish a priority order for the right to control disposition, typically beginning with a surviving spouse and then adult children, parents, siblings, and other relatives or legal representatives. A written authorization for cremation is required, and Kentucky law imposes a waiting period before cremation, generally 48 hours, subject to statutory exceptions. The funeral director must follow the legal priority, not simply the person who possesses the body or pays the bill.
Worked example
Two adult children disagree about cremation while the surviving spouse has not been located. The funeral director should not act on the loudest child’s demand. The director documents the attempt to locate the spouse and follows the statutory priority before obtaining cremation authorization. Acting without lawful authority exposes the director and establishment to liability and board discipline.
Traps
Do not confuse the informant with the person authorized to control disposition. Do not cremate without a signed authorization and required permit. Do not backdate or alter a death certificate; corrections follow vital-records procedures.