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Procedure for moving a grave or cemetery when the move is not requested by the next-of-kin

  1. Select reinterment site.
  2. Publish public notice in accordance with KRS 424.130(b). Describe location of cemetery, ask next-of-kin or persons with information about identity of bodies to contact you, state your intention of petitioning for permission to move, name reinterment site, approximate date of removal, and name, address and telephone number of persons to contact.
  3. Obtain consent and authorization for move from next-of-kin who respond to public notice.
  4. After sixty (60) days from first publication of notice obtain from Fiscal Court an order declaring the cemetery abandoned and authorizing disinterment of those bodies which are unindentified or for those which no response to the notice was received (KRS 381.755).**NOTE: One county attorney has advised his fiscal court that he interprets KRS 381.755 as requiring the 60-day notice after the petition is presented to the Fiscal Court. However, the sequence is the one which has been followed by the Kentucky Department of Transportation, Corps of Engineers, mining companies, developers, and individuals for many years.
  5. Make plat of cemetery showing the location of each grave and identify them by name and/or number. Add to the plat graves which are found through trenching or other exploratory methods.
  6. Select person or firm to open graves and reinter their contents (see KRS 381.765).
  7. Obtain necessary permits from Registrar of Vital Statistics, Department for Health Services, 275 E MAIN ST, FRANKFORT KY 40621.
  8. Take steps to insure that all human remains and artifacts, including jewelry, prosthetic devices, items of clothing, the coffin or any parts thereof, etc., are removed from the grave, kept together, and reburied to the depths specified in 901 KAR 5:090.
  9. Prepare plat showing by name and/or number the location of the new graves.
  10. Notify the Registrar of Vital Statistics that the work is complete by filing with him copies of both plats (items 5 and 9, above).