Ky. Cir. Ct. Clerks' Manual CREMATION/DISPOSITION OF DECEDENT REMAINS

28 CREMATION/DISPOSITION OF DECEDENT REMAINS

KRS 367.93121

District Court

 An action to contest or determine the validity of any declaration setting forth a decedent’s

preferences regarding the manner of disposition of their remains is an original action in

district court and is brought in the same manner as an action to contest the validity of a will.

 A crematory may utilize AOC Form 858 Petition to Authorize Cremation of Decedent and

Order.

28.1 Petition to Authorize Cremation

1. Upon receipt of AOC Form 858 Petition to Authorize Cremation of

Decedent and Order, collect filing fees as set forth in the Accounting

Manual for a Petition for Cremation/Disposition of Decedent Remains, and

give a receipt. Do not stamp FILED or process the petition until the filing

fees are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

2. Assign to a division using the procedure in your local court rules.

3. Open the case. For more information see the Case Add section of KyCourts

Manual for instructions for opening the case.

4. Generate the next case number in the computer for district civil C cases or

use the next pre-numbered file folder.

5. DO NOT proceed with the following steps unless filing fees have been paid,

In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

6. Apply the FILED stamp to the petition; add the date and your initials.

7. File on a document screen using document type PBC.

8. Do not issue a summons.

9. Deliver the case file to the district judge.

10. Upon receipt of a signed AOC Form 858 Petition to Authorize Cremation of

Decedent and Order, apply the ENTERED stamp; add the date and your

initials.

11. Enter the order on the document screen. This constitutes entry of the

order; it does not become effective until this is done.

Quick Reference

AOC form 858

Collect filing fees

for Petition for

Cremation/Dispositi

on of Decedent

Remains

File, date, initial

C – District Civil

File, date, initial

Document type PBC

Do not issue

summons

Enter, date, initial

Process Map

CREMATION/DISPOSITION OF DECEDENT REMAINS

12. After entry of the order, serve notice of entry on the parties by making a Quick Reference

copy of the order that has been stamped ENTERED and mail or hand

deliver to the parties or attorney.

13. Enter the notice of entry method and date on the document screen when Enter notice of

the order is entered. For more information, see Notice of Entry. entry

14. When the order closes the case, complete the disposition date, disposition type and

judge at disposition fields on the case screen.

28.2 Petition to Contest Disposition

1. Upon receipt of AOC Form 859, add the AOC Form 859 as a document in Quick Reference

the case using document code PPC if AOC Form 858 has previously been AOC Form 859

filed and a district civil case has been created. If an AOC Form 858 has not File, date, initial

been previously filed and district civil case opened, collect filing fees as set AOC Form 858

forth in the Accounting Manual for a district civil action under $500.00, Document code

and give a receipt. Do not apply the FILED stamp or process the petition PPC

until the filing fees are paid.

EXCEPTIONS: The following are exempted from the filing fees:

Collect filing fees

• In Forma Pauperis Granted. See Section 57 Motion for Leave to for district civil

Proceed In Forma Pauperis. action under $500

• Petitioner is the Commonwealth. KRS 453.010.

2. Assign to a division using the procedure in your local court rules.

3. Open the case. For more information see the Case Add section of KyCourts

Manual for instructions for opening the case. C – District Civil

4. Generate the next case number in the computer for district civil C cases or

use the next pre-numbered file folder.

5. DO NOT proceed with the following steps unless filing fees have been paid,

In Forma Pauperis has been granted, or the petitioner is the Enter, date, initial

Commonwealth.

Do not issue a

6. Apply the FILED stamp to the petition; add the date and your initials. summons

7. Immediately deliver the case file to the district judge.

CREMATION/DISPOSITION OF DECEDENT REMAINS

28.3 Surety Bond

The plaintiff must post a surety bond, cash deposit, or other surety sufficient File, date, initial

to guarantee that the entity holding the declarant’s remains is compensated

for the safe-keeping charges incurred while the action is pending. For more

information, see Bonds and Sureties. Collect bond fee

1. Upon receipt of a surety bond apply the FILED stamp; add the date and

your initials. Document type

BSUR

2. Collect a fee for taking the bond as set forth in the Accounting Manual, and

give a receipt.

3. Complete a document screen using document type BSUR.