{"data":{"id":"us-ky/krs-381.715","jurisdiction":"us-ky","citation":"KRS 381.715","heading":"Burial rights in cemetery lots -- Abandonment -- Resale by cemetery.","body":"(1) As used in this section, \"cemetery lot\" is a lot containing one (1) or more grave\nspaces and located within a cemetery registered pursuant to KRS 367.946 in a\ncounty containing an urban-county government or in a city.\n(2) An officer of the cemetery may cau se to be filed, on behalf of the cemetery, an\naction in the Circuit Court of the county where the cemetery is located requesting\nthat the burial rights in the unused portion of the lots in question be deemed\nabandoned and that the cemetery be authorized to  sell the rights upon entry of the\ncourt's judgment. The defendants in the action shall be the unknown heirs of the\noriginal owner of the burial rights in the lots in question.\n(3) The petition shall include the following:\n(a) The name of the original owner of the burial rights in the lots in question.\n(b) The name of all persons buried in the lots and the date of burial, if known.\n(c) The name, address, and telephone number of the cemetery office.\n(d) An affidavit by the petitioner that:\n1. No person has b een buried in the cemetery lots in question for a period\nof at least one hundred (100) years; and\n2. The identity of any owner of the burial rights in the lot in question or\nany heir of the owner is unknown to any officer or employee of the\ncemetery and not discoverable after a good faith attempt by an officer or\nemployee to identify the owner or heir.\n(4) Service of process shall be by warning order attorney, appointed by the court\npursuant to CR 4.07.\n(5) If the court finds the allegations set forth in pa ragraph (d) of subsection (3) of this\nsection to be true, the court shall enter judgment deeming the burial rights in the lots\nin question abandoned and authorizing the cemetery to sell the rights.\n(6) No judgment shall be entered declaring burial rights a bandoned if an owner or heir\nof a cemetery lot has filed with the cemetery a statement in writing directing that\ncertain grave spaces not be used.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35483","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:11Z","sha256":"7c73da00c90bb720eb1124348008bf4aa8ebccef9518810b7aaa4a36cd18cea3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.710","next":"us-ky/krs-381.720"},"notice":"GroundRules: Original legal text. Not legal advice."}