Could a Kentucky coroner cremate an unclaimed body instead of arranging burial at public expense?

Plain-English summary

In 1993, Kentucky's Attorney General concluded that a coroner could not choose cremation instead of burial for an unclaimed body under KRS 72.450. The statute allowed public-expense burial when the coroner could not locate the spouse or next of kin, and separately allowed delivery of the body to a state medical school. The AG read “burial” to mean interment and found no cremation option in that coroner-specific provision.

The opinion considered KRS 213.081, a general law requiring a permit before cremation. It said that permit rule did not expand the choices under KRS 72.450 because the more specific coroner statute controlled the question presented.

Currency note

This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Coroners

For an unclaimed body, the AG said the coroner-specific statute contemplated interment, not cremation, when burial was at public expense. The statute also allowed delivery to a state medical school under the cited provisions. The opinion did not treat a general cremation permit as authority to replace burial under KRS 72.450.

Counties paying disposition costs

Boone County asked whether cremation could be a less expensive alternative to embalming and burial in a casket. The AG acknowledged the cost concern but concluded the statute's wording did not authorize cremation in the situation described.

Families and funeral service providers

The opinion addressed a body for which the coroner could not locate a spouse or next of kin. It did not decide the choices available when relatives were found or when disposition occurred under some other statute.

Common questions

Did KRS 72.450 allow cremation of an unclaimed body in 1993?

The AG said no. It read the provision's authorization to “bury” as calling for interment and found no mention of cremation.

Did a cremation permit make cremation an option for the coroner?

The opinion said no. KRS 213.081 addressed permits for cremation generally, while KRS 72.450 specifically governed the coroner's options for an unclaimed body.

Could the coroner send the body to a medical school instead?

The statute quoted in the opinion allowed delivery of an unclaimed body or part of it to a state medical school in accordance with KRS 311.300 to 311.350, in lieu of public-expense burial.

Was cost enough to change the statutory meaning of burial?

No. The request proposed cremation as a cheaper option, but the AG relied on the statutory term “burial” and its interment meaning.

Background and statutory framework

Boone County asked whether KRS 72.450's burial provision included cremation. The AG quoted definitions of burial as interment, then compared the specific coroner statute with KRS 213.081's general cremation permit requirement. It concluded the specific statute controlled and did not permit cremation in the case presented.

Citations and references

• KRS 72.450: notification, public-expense burial and medical-school option for an unclaimed body.
• KRS 213.081: general cremation permit requirement considered by the AG.
• People v. Rosehill Cemetery Co., 21 N.E.2d 766 (Ill. 1939): burial definition quoted.
• Brady v. Presnell, 169 S.E. 278, 280 (N.C. 1933): another burial definition quoted.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG93-069.htm

Original opinion text

OAG 93-69

October 14, 1993

Hon. Gwen Clore Vice

Chief Assistant Boone County Attorney

Office of the County Attorney

6024 Rogers Lane

P.O. Box 169

Burlington, Kentucky 41005

Dear Ms. Vice:

In your letter to this office dated September 7, 1993, you request an opinion as to an interpretation of KRS 72.450 which states as follows:

(1) A coroner who has possession of a dead body or a part thereof shall make a bona fide attempt to notify the spouse, if any, or next of kin of the decedent's death. In the event the coroner is unable to locate the spouse, if any, or next of kin, he may cause the body to be buried at the expense of the fiscal court or urban-county government, whichever is appropriate.

(2) In the event the body is buried at public expense, the coroner shall take possession of all money or other property found on or belonging to the decedent and shall deliver same to the fiscal court or urban-county government, whichever is appropriate. Any money or other property found on the body of the decedent or belonging to him shall be delivered by the coroner to the fiscal court or urban-county government, whichever is appropriate, to help defray burial expenses. Any excess funds shall escheat to such governmental agency one year thereafter.

(3) In lieu of having an unclaimed body buried at public expense, the coroner may deliver such body or part thereof to a state medical school in accordance with the provisions of KRS 311.300 to 311.350.

You state that Boone County, like all other governmental entities, is under economic constraints and is looking for cost effective methods of disposing of dead bodies. You ask whether the language of the above quoted statute encompasses cremations as a less expensive alternative to embalming and burial in a casket.

We find that the term "burial" has been defined by the courts consistent with Black's Law Dictionary as follows:

Burial is restricted to the act of interment.

People v. Rosehill Cemetery Co., 21 N.E.2d 766 (Ill. 1939).

Word 'burial' means an act of burying a deceased person, sepulcher, interment, act of depositing a dead body in the earth, in a tomb or vault . . . .

Brady v. Presnell, 169 S.E. 278, 280 (N.C. 1933).

The statute is therefore clear on its face. It is contemplated that the body of the deceased is to be interred and there is no mention of cremation.

Another statutory provision in Kentucky is as follows:

213.081 Permit to cremate or transport body

(1) No person shall cremate or cause to be transported for the purpose of cremation the body of any person whose death occurs in the Commonwealth, without first obtaining from the coroner of the county in which the death occurred, a permit stating the cause of death and authorizing the cremation or transportation for cremation of the body. The permit shall be filed immediately following cremation with the local registrar of vital statistics.

(2) The provisions of this section shall not apply to the cremation of fetal death remains in the absence of any indication of a criminal act.

However, this provision is not found in the chapter dealing with coroners but in the chapter dealing with vital statistics. KRS 213.081 is the general provision dealing with obtaining a permit authorizing cremation. However, the more specific provision dealing with coroners is found in KRS Chapter 72. The more specific statute must always prevail in determining legislative intent. In this case, the more specific statute, KRS 72.450, makes no provision for cremation. We can only conclude that in Kentucky at least, cremation is not an option for the coroner pursuant to KRS 72.450(1) in the case of an unclaimed body.

Sincerely,

CHRIS GORMAN

ATTORNEY GENERAL

Joseph R. Johnson

Assistant Attorney General