It depends. One can designate by Will who is the next owner of one’s burial rights. If there is no Will, the burial rights will pass immediately on death to the first tier next of kin and the spouse, if any. The burial rights, one or many, will all be jointly owned by all inheritors. The spouse will be afforded deference under Kentucky law as to what happens on the grave of his/her spouse. In Kentucky, the first to die of the next of kin, has the right to use any jointly owned burial right acquired intestate; however, all of the next of kin must agree on which burial right is used, if there are multiple open burial rights jointly owned by the next of kin. If the next of kin cannot agree, the matter is taken to Circuit Court for decision.

Please refer to the website under its Rules and Regulations, at the end of same, for more discussion on the succession of burial rights ownership.