Kentucky

At a Glance

Filing Requirements

In Kentucky, the funeral director or person acting as such is responsible for filing the death certificate. This must be done using the Kentucky Electronic Death Registration System before final disposition of the body. Medical certification of the cause of death must be completed by the attending physician, advanced practice registered nurse, or physician assistant within five working days of presentation by the funeral director.

• -A provisional certificate of death is required before any final disposition (burial, cremation, etc.) can occur.
• -If death occurs more than 36 hours after the decedent was last treated by a medical professional, the case must be referred to the coroner for investigation and certification of the cause of death.

Obtaining Certified Copies

The Kentucky Office of Vital Statistics (OVS) maintains death records from 1911 to the present. Ask each bank, insurer, court, agency, and property office whether it requires a certified copy. Order an initial quantity based on those actual needs. Additional copies can be ordered from OVS.

• -The typical turnaround time for a death certificate in Kentucky is 2-6 weeks.
• -Each institution sets its own proof requirements, so confirm whether it needs a certified copy or accepts another format.

Changes to Death Certificates

After a death certificate has been on file for five years, it may only be changed upon order of a court. Before that time, requests for corrections, amendments, or additions must be accompanied by prima facie evidence supporting the requested change.

How do I get a death certificate in Kentucky?

Order certified copies from Kentucky's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

At a Glance

What is Probate?

Probate is the legal process of settling and administering an estate after someone dies. This involves validating the will (if one exists), identifying and collecting assets, paying debts and taxes, and distributing the remaining assets to beneficiaries or heirs. The law covering probate actions in Kentucky is found in the Kentucky Revised Statutes, Chapters 394 through 395.

• -Probate property includes assets owned solely by the deceased person in their name alone, without a named beneficiary.
• -Non-probate property, such as jointly held assets with right of survivorship, assets in a living trust, or accounts with pay-on-death designations, passes directly to beneficiaries outside of the probate process.

Starting the Probate Process

The first step in Kentucky probate is to locate the deceased person's original will. A 'Petition for Probate of Will; And/Or Appointment of Executor/Administrator' (Form AOC-805) must be filed in the District Court of the county where the person lived. This petition asks the court to admit the will to probate and appoint an executor, or to appoint an administrator if there's no will.

• -Unless a will is 'self-proved' (signed by the decedent and two witnesses, all notarized, with specific statutory language), it must be proven in court by at least one witness.
• -An inventory of the estate's assets, valued at the time of death, must be filed with the District Court within 60 days of the personal representative's appointment (Form AOC-841).

Small Estate Procedures (Dispensing With Administration)

Kentucky law allows for a simplified process called 'dispensing with administration' for certain small estates. This can be used if the decedent's personal estate is $30,000 or less (excluding real estate that passes directly to named beneficiaries).

• -A surviving spouse can petition the court to transfer property to them if the personal estate is $30,000 or less.
• -If there's no surviving spouse, surviving children can petition for transfer under the same conditions.
• -Preferred creditors (e.g., for funeral expenses) can also petition for transfer up to the amount of their paid claim.
• -This streamlined process typically concludes within 60 to 90 days, as opposed to the longer timeline for formal probate.

How long does probate take in Kentucky?

A straightforward Kentucky probate typically runs 60 to 90 days, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Kentucky?

$30,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Kentucky?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Kentucky allow transfer-on-death deeds?

No. Kentucky has no transfer-on-death deed statute. A living trust or joint ownership with survivorship does the same job here; and Kentucky came close in 2026 (the bill passed the Senate before dying), so check for new law before relying on this.

Source: legislative record ↗

Time off work after a death in Kentucky

Kentucky doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. Nobody. No Kentucky private employer has to give bereavement leave.

How much. None required.

Paid or unpaid. Not applicable.

Kentucky's legislature knows how to mandate leave when it wants to, since it did it for adoptive parents in KRS 337.015. It hasn't done it for a death. State government workers get something separate: 101 KAR 2:102 Section 9, "Funeral and Bereavement Leave," says an employee who has lost an immediate family member by death "may utilize five (5) days of accrued sick leave, compensatory leave, annual leave, or leave without pay," with immediate family defined as spouse, parent, grandparent, child, brother or sister, or the spouse of any of them. Read that carefully: it's permission to spend leave the state worker already earned, not five extra paid days, and it doesn't reach private employers at all.

Source: No Kentucky statute. KRS Chapter 337 (Wages and Hours) section list; Kentucky Education and Labor Cabinet, Wages and Hours ↗

Can I leave money to care for my pet in Kentucky?

Yes. Kentucky enforces pet trusts under KRS 386B.4-080, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and Kentucky sets no year limit on it. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can also ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal's care requires, and the extra then goes wherever your trust directs. If your trust is silent, it comes back to you if you're living, and otherwise to whoever inherits from you. Kentucky's pet trust law only took effect in July 2014, so a pet clause in a trust written before then was drafted without it and is worth having looked at. Name the caretaker and the person who enforces the trust, plus a backup for each.

Source: KRS 386B.4-080 ↗

How to set one up, and what it costs →

Die without a will in Kentucky and this law picks your heirs.

If you die intestate (without a valid will) in Kentucky, Ky. Rev. Stat. §§ 391.010 to 391.360; 392.020 (rewritten by 2026 Ky. Acts ch. 134 (SB 50), effective July 15, 2026) decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• -Spouse only (no descendants or parents): the entire estate
• -Spouse + parents (no descendants): the entire estate, parents get nothing
• -Spouse + joint descendants: the entire estate
• -Spouse + blended family: one-half to the spouse, one-half to the decedent's descendants
• -Source: Ky. Rev. Stat. §§ 391.010 to 391.360; 392.020 (2026 Ky. Acts ch. 134, eff. July 15, 2026)

Children's shares.

The children take everything in equal shares, and a dead child's share passes to that child's descendants per stirpes (KRS 391.040).

No spouse, no children: the line of succession.

With no spouse or descendants, the estate goes to the parents (half each, or all to the survivor), then to siblings and their descendants, then splits between the paternal and maternal sides: grandparents, then aunts and uncles and their descendants, then to the decedent's stepchildren, and if none of those exist it escheats to the state under KRS 393.020.

At a Glance

Types of Advance Directives

Kentucky law recognizes several types of advance directives that allow individuals to make decisions about their medical care in advance, should they become unable to communicate their wishes. These documents ensure your healthcare preferences are respected.

• -Living Will: A document that specifies your wishes regarding life-prolonging treatments (e.g., mechanical respirators, feeding tubes) if you're in a terminal condition or a permanently unconscious state.
• -Designation of Health Care Surrogate: Allows you to name a specific person (your surrogate) to make medical decisions on your behalf when you're unable to do so. This person acts in your best interest.
• -Advance Directive for Mental Health Treatment: Addresses preferences for mental health care.

Executing a Living Will

Anyone 18 years or older can create a Living Will in Kentucky. While not legally required to have an attorney, Kentucky law (KRS 311.625) specifies a form that can be used. The document must be signed and dated in the presence of two competent witnesses (over 18) or a Notary Public.

• -Witnesses can't be blood relatives, heirs, healthcare providers involved in your care, or anyone financially responsible for your healthcare.
• -The Living Will allows you to designate a healthcare surrogate, refuse or request life-prolonging treatment, refuse or request artificial feeding/hydration, and express wishes regarding organ donation.

Importance and Storage

Discuss your advance directive with your family and doctor. A copy should be placed in your medical records, and you're responsible for informing hospitals or nursing homes of its existence upon admission. You can change or cancel an advance directive at any time.

Where do I get Kentucky's advance directive form?

Start with Ky. Rev. Stat. §§ 311.621 to 311.643 & Kentucky Cabinet for Health and Family Services, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

Does Kentucky require a notary or witnesses for an advance directive?

Kentucky requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation Authorization and Guidelines

In Kentucky, a crematory authority can't conduct cremations or accept a body without a cremation authorization form signed by the appropriate authorizing agent (KRS 367.97524). Kentucky sets no waiting period before cremation, but two documents come first: a cremation permit from the coroner of the county where the death occurred (KRS 213.081) and a death certificate or provisional death certificate on file (KRS 213.076). The right to control the disposition of a decedent's body, including cremation, follows a specific hierarchy outlined in KRS 367.93117.

• -The hierarchy for authorization is: designee named in a funeral planning declaration (or on DD Form 93 for a service member who died on duty), surviving spouse, adult children (majority), parents, adult grandchildren (majority), adult siblings (majority), next of kin; if none are available, any willing person or a funeral home holding a valid prepaid funeral plan, after a written good-faith effort to contact the others.
• -Only one body may be cremated at a time, and the body may not be removed from the cremation container once delivered to the crematorium (KRS 367.97514).
• -Hazardous implants, such as pacemakers, must be removed before cremation (KRS 367.97514).

Burial Requirements

Kentucky law doesn't require a casket for burial, but cemeteries may have their own rules. For burials on private property, local zoning laws should be checked. Under 901 KAR 5:090, a hermetically sealed outer container of concrete, metal, fiberglass, or other impervious material must be buried at least two feet below the natural ground surface; every other burial goes at least three feet down, measured from all parts of the outer container. A local health department can grant a depth variance where impenetrable rock is encountered.

• -If burying on private land, a map showing the burial ground should be filed with the property deed.
• -A provisional certificate of death must be filed before interment or other disposition of a body.

Scattering Ashes

Once cremated remains are in your possession, you can keep or transport them without a permit. Kentucky law allows cremated remains to be placed in a grave, crypt, or niche, scattered in a designated scattering area, or scattered on the private property of a consenting owner (KRS § 367.97524).

• -Scattering on public land is generally not enforced for private individuals, but common sense should be used.
• -For scattering at sea, federal Clean Water Act requires scattering at least three nautical miles from land and notification to the EPA within 30 days.
• -Federal aviation laws prohibit dropping objects that might cause harm, but cremains aren't considered hazardous material if removed from their container before scattering.

Who decides what happens to the body in Kentucky

Kentucky sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. designee or alternate designee named in a funeral planning declaration under KRS 367.93101 to 367.93121, or the person named on DD Form 93 if the decedent died in military service
2. surviving spouse
3. surviving adult children (majority; fewer than half may act after reasonable efforts to notify the rest, no known opposition from more than half, attested in writing)
4. surviving parent or parents (a present parent may act after reasonable efforts to notify an absent parent, attested in writing)
5. surviving adult grandchildren (majority, with the same notification carve-out)
6. surviving adult siblings (majority, with the same notification carve-out)
7. next degree of kin under KRS 391.010 (majority of that degree, with the same notification carve-out)
8. any other willing person, or a funeral home holding a valid prepaid funeral plan, attesting in writing to a good-faith effort to contact everyone above
9. court-appointed guardian or conservator at the time of death, after all earlier options are exhausted (cremation only under limited conditions)
10. the District Court of the county of the decedent's residence or of the funeral home or crematory

Naming someone in advance. A "funeral planning declaration" under KRS 367.93101 to 367.93121. KRS 367.93103 requires it to be voluntary, in writing, signed and dated, signed in the presence of two competent adult witnesses, and acknowledged before a notary. It expressly may not be placed inside a will, a power of attorney, or a similar document; if it is, the host document survives but the declaration is unenforceable. The Attorney General prescribes the form, Funeral Planning Declaration FPD-1, by 40 KAR 2:145. DD Form 93 is the alternative route for a service member.

When the same tier disagrees. The District Court is itself the last tier of the priority list, KRS 367.93117(1)(j), so a funeral home can hand the decision to the court. KRS 367.93121 requires any action to contest or determine the validity of a declaration or cremation authorization form, to resolve a conflict between a cremation authorization form and the persons authorized under 367.93117, or to contest a disqualification, to be brought in the District Court of the decedent's county of residence or the county of the funeral home or crematory, expedited on the docket as a matter requiring priority, and accompanied by a bond, cash deposit, or other surety covering safekeeping charges while the case is pending.

Anyone arrested for or charged with an offense committed intentionally, knowingly, or wantonly that resulted in the death loses all right of control, and may petition the court to waive that disqualification in the interest of justice. A declaration is not binding on a funeral home, cemetery, or merchandise seller until it has been paid in full (KRS 367.93103(5)), and the declarant may not name a funeral or cemetery provider as designee unless related by birth, marriage, or adoption.

Source: KRS 367.93117; related KRS 367.93103 and 367.93121 ↗

If you can't afford the funeral in Kentucky

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. No statewide program for the general public. County-paid burial or cremation of a body nobody claims, under KRS 72.450: the coroner arranges it and the county fiscal court, consolidated local government, or urban-county government pays. Families call the county coroner's office. Separately, the Kentucky Department of Veterans Affairs runs an Indigent Veteran Burial reimbursement (KDVA Form 6). County coroner arranges; the fiscal court, consolidated local government, or urban-county government carries the expense and chooses burial vs. cremation. Kentucky Department of Veterans Affairs administers the veterans program.

What it pays. Not published. KRS 72.450 names no figure, and each county sets what it will pay. The veterans program does publish one: the Kentucky Department of Veterans Affairs page states the maximum reimbursement to a cemetery or funeral home for burying an indigent veteran is limited to $1,000 per veteran.

What disqualifies you. KRS 72.450, verbatim: a coroner holding a body "shall make a bona fide attempt of at least thirty (30) days to notify the spouse, if any, or next of kin"; if the coroner can't locate them, or the spouse or next of kin "does not take possession of the deceased," the body may be buried, or cremated and interred, at county expense. Any money or property found on or belonging to the decedent goes to the county to help defray the cost, and excess funds escheat after one year. KDVA veterans program: verified veteran under 38 U.S.C. 101(2), death occurred in Kentucky, indigent at death (estate lacked funds and no one was legally obligated to pay), and a diligent effort was made to secure funds from other public or private sources.

The official page ↗

2. If the death was caused by a crime. KRS 49.370(4), verbatim: "The board is authorized to set a reasonable limit for the payment of funeral and burial expenses, which shall include funeral costs, a monument, and grave plot. In no event shall an award for funeral expenses exceed ten thousand dollars ($10,000)." KRS 49.370(5): awards "shall not exceed fifty thousand dollars ($50,000) in total compensation." Effective July 15, 2024.

Kentucky crime victim compensation ↗

3. Money the person was already owed. Search Kentucky's unclaimed property before you borrow anything. Searching and claiming are free.

Kentucky unclaimed property ↗

Two figures here are routinely reported wrong. Kentucky's crime victim funeral cap is $10,000, not the $7,500 that most secondary pages (and the state's own older brochures) still show; the 2024 amendment raised it and also lifted the overall cap to $50,000. And a 2024 bill to create a $600 statewide indigent burial program (HB 187) died in committee, so it is not law. KRS 72.450 was also amended effective July 15, 2026 to require the 30-day notice attempt, to cover bodies the family declines to claim, and to allow cremation with interment.

At a Glance

Kentucky Estate Tax

As of June 2026, Kentucky doesn't impose a state estate tax. The federal estate tax may still apply to very large estates, but there's no separate state-level estate tax in Kentucky.

Kentucky Inheritance Tax

Kentucky imposes an inheritance tax, which is a tax on the right to receive property from a decedent. The tax rate and exemptions depend on the beneficiary's relationship to the deceased. Beneficiaries are categorized into Class A, B, and C.

• -Class A beneficiaries (spouse, parent, child, grandchild, sibling) are exempt from Kentucky inheritance tax.
• -Class B beneficiaries (niece, nephew, aunt, uncle, daughter-in-law, son-in-law, great-grandchild) receive a $1,000 exemption, with tax rates ranging from 4% to 16%.
• -Class C beneficiaries (all other persons and entities) receive a $500 exemption, with tax rates ranging from 6% to 16%.
• -Since January 1, 2005, the Kentucky inheritance tax applies only to Class B and Class C beneficiaries.

Taxable Estate Calculation

The inheritance tax is calculated on the fair market value of the property received by each beneficiary, after deducting applicable exemptions and certain expenses. Consult a tax professional or the Kentucky Department of Revenue for specific guidance on inheritance tax obligations.

Does Kentucky have an estate tax?

No. Kentucky has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Kentucky have an inheritance tax?

Yes. Kentucky is one of the few states with an inheritance tax, paid by the person who inherits rather than by the estate. Rates and exemptions depend on the heir's relationship to the person who died; the details are in the section above.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Anatomical Gift Act

Kentucky has adopted the Revised Uniform Anatomical Gift Act (2010 Ky. Acts ch. 161, effective July 15, 2010; KRS 311.1915 to 311.1923 cover who can give, how, and what the gift's legal effect is), which provides the legal framework for organ and tissue donation. This act allows individuals to make an anatomical gift of all or part of their body for transplantation, therapy, research, or education.

Who Can Make a Gift

An adult may make an anatomical gift, and so may a minor who's emancipated or at least 16 and able to apply for a driver's license (KRS 311.1915(1)). The gift can be made through a donor card, a will, or another record. Once made, it's legally binding, and nobody else can amend or revoke it after your death (KRS 311.1923(1)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (KRS 311.1923(7)). Organ procurement organizations still consult families in practice, so tell yours what you decided.

• -If an individual hasn't made an anatomical gift, a surrogate decision-maker (following a specified hierarchy) may make the gift on behalf of the decedent.
• -The decision to donate organs can also be expressed through a Living Will in Kentucky.

Source: KRS 311.1923 (preclusive effect of anatomical gift) ↗

Donor Registry

Kentucky residents can register their decision to be an organ and tissue donor through the Kentucky Organ Donor Registry, typically when obtaining or renewing a driver's license or state ID. This registration serves as legal consent for donation.