Detailed answer — how appointment works and what to do next

In Minnesota, a will can name (nominate) a person to act as the personal representative (often called executor). If the person named in the will refuses or is unable to serve, the probate court will appoint someone else to serve. The court follows Minnesota probate law and local court practice to decide who should be appointed.

What the law says (overview)

Minnesota’s probate statutes govern nomination and appointment of a personal representative. The statute recognizes a nominated personal representative’s priority to serve, but also provides for appointment of another qualified person if the nominee dies, declines, is incapacitated, or otherwise does not serve. For the statutory text and rules, see Minnesota Statutes, chapter 524 (the Minnesota Probate Code):
https://www.revisor.mn.gov/statutes/cite/524.

Typical priority rule and practical effect

Practically, the order is usually: (1) the person nominated in the will; (2) a surviving spouse; (3) other heirs or beneficiaries; or (4) another qualified person the court chooses. If the nominated person refuses to serve, the court will not appoint them and will look to the next available and qualified person. If you want to serve, you must show the court you are qualified and that no higher-priority person is willing or able to serve.

Concrete steps you can take right now

1. Obtain the original will and death certificate. The original will is needed for probate filings. The funeral home, hospital, or county vital records office can provide the death certificate.
2. Ask the named executor to sign a written renunciation or resignation. If your sibling will sign a written renunciation or declination to serve, the court can treat that as a formal refusal and proceed to appoint another qualified person. A written renunciation is simpler for the court than a contested proceeding.
3. Check the will for an alternate nominee. Some wills name a primary and alternate personal representative. If an alternate exists, that person has priority over others who are not named.
4. File a petition for probate in the county where your parent lived. Whether you file for formal probate or informal probate depends on the circumstances. In the petition, explain that the nominated executor refuses to serve (attach any renunciation) and ask the court to appoint you as personal representative.
5. Notify interested persons and follow court procedures. Minnesota law requires notice to heirs and beneficiaries and sometimes a hearing if the matter is contested. The court clerk can tell you required forms, filing fees, and whether a hearing is necessary.
6. Prepare to demonstrate fitness to serve. The court will consider whether you are over 18, mentally competent, not a felon in some cases, and capable of handling fiduciary duties. You may need to post a bond unless the will waives bonding or the court dispenses with it.
7. Consider informal probate if possible. If there are no disputes, Minnesota allows informal probate processes that are faster and less expensive than formal probate. Ask the court clerk about informal probate procedures.

When the court may appoint you even if the will named your sibling

The court may appoint you if the nominated sibling:

• Formally renounces appointment;
• Fails to qualify within the time allowed (for example, does not file paperwork);
• Is unavailable, incapacitated, or deceased; or
• Is otherwise unsuitable (for example, conflicts of interest or legal disqualifications).

If none of the above apply and the nominated person wants to serve, the court usually respects the nomination in the will.

What if your sibling objects or refuses verbally only?

A verbal refusal can cause delay. Courts prefer a written renunciation or a formal court filing stating the nominee will not act. If your sibling objects (for example, they change their mind and try to serve while you want the appointment), the court will schedule a hearing where interested persons can present arguments. You should be prepared to show why you are a better or more appropriate choice (availability, fewer conflicts, better ability to manage the estate).

When you should consider hiring an attorney

If the estate is large, complicated, has tax issues, contains business interests, or if there is family conflict and potential litigation, hire a Minnesota probate attorney to prepare filings, represent you at hearings, and protect the estate and your interests. Courts will permit you to represent yourself for small, uncontested estates, but attorneys help navigate complex rules, deadlines, and fiduciary duties.

Where to get court forms and local rules

Your county probate court clerk can provide forms, fee information, and instructions. The Minnesota Judicial Branch provides general probate information online: https://www.mncourts.gov/Help-Topics/Probate. For statutory rules, see the Minnesota Statutes, chapter 524: https://www.revisor.mn.gov/statutes/cite/524.

Helpful Hints

• Communicate first: ask your sibling to sign a short, written renunciation if they truly do not want to serve. That speeds the process.
• Locate the original will quickly; the court usually requires the original.
• Gather documents: death certificate, beneficiary lists, asset statements, and a list of likely heirs and beneficiaries.
• Ask the probate court clerk for a checklist for initiating probate in your county.
• Check the will for a named alternate personal representative before filing.
• Be prepared to post a bond unless the will waives bond or the court excuses it; ask the clerk about bond amounts for your estate size.
• If the estate is straightforward and uncontested, ask about informal probate to save time and cost.
• If anyone threatens to contest the will or the appointment, consult a probate attorney promptly.
• Keep careful records and follow fiduciary duties once appointed — the court takes honest administration seriously.