Ky. Rev. Stat. » Chapter 367
Kentucky Revised Statutes

Ky. Rev. Stat. § 367.93121 (2026)

Action to contest or determine validity of declaration, cremation

✓ current as of May 2026
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authorization form, or disqualification from control over disposition of remains -- Resolution of conflict. An action to contest or determine the validity of any declaration made under KRS 367.93101 to 367.93121 or cremation authorization form, or to resolve a conflict between an executed cremation authorization form and the person or persons authorized in KRS 367.93117 regarding cremation, or to contest a disqualification pursuant to KRS 367.93117(2), shall be:

(1) Brought in the District Court of the county of the decedent's residence or the county in which the funeral home or the crematory is located;

(2) Expedited on the docket of the court as a matter requiring priority; and

(3) Accompanied by a bond, cash deposit, or other surety sufficient to guarantee that the entity holding the declarant's remains is compensated for the safekeeping charges incurred while the action is pending. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 123, sec. 2, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 144, sec. 4, effective June 29, 2017. -- Created 2016 Ky. Acts ch. 59, sec. 11, effective July 15, 2016.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Harrod v. Caney, 547 S.W.3d 536 (Ky. Ct. App. 2018).
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Harrod v. Caney, 547 S.W.3d 536 (Ky. Ct. App. 2018). “93119 ; KRS 367.93121. Pursuant to KRS 367.93103, a specific format was adopted for a funeral planning declaration in which a person could either determine what would happen to his or her body after death or to designate another person to make such decisions, with such…”
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