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Detailed Answer — How appointment works when the named personal representative refuses to serve (New Hampshire)

When the person named in a will to serve as personal representative (often called “executor”) refuses or is unable to serve, New Hampshire law and court practice let the court appoint someone else so the estate can be administered. The typical path is: (1) determine whether the will names an alternate; (2) if the named person formally renounces or declines, the alternate named in the will takes priority; (3) if no alternate or the alternate cannot or will not serve, the court will appoint a qualified person (usually a close family member or other interested person) to act.

Key practical points under New Hampshire practice:

• The first step is to locate the original will and confirm who is named. If the will names an alternate personal representative, that person has the next claim to appointment if the first-named person refuses to serve.
• If the first-named person refuses, a formal written renunciation or an affidavit of refusal is best. That document can be filed with the probate court to confirm that the named person declines appointment.
• If a named person refuses but will not sign a renunciation, you can still petition the probate court to appoint you. The court will hold a short proceeding or review the petition and can appoint a substitute if the court is satisfied the first-named person is not serving.
• The court gives priority to the person(s) named in the will (including alternates). If the will provides no one willing to serve, the court normally appoints a close family member or another qualified person who petitions for appointment.

What you will normally need to do to be appointed:

1. Obtain the original will and a certified death certificate.
2. Check the will for an alternate personal representative. If an alternate is named and that person is you, prepare to file an application for appointment along with the renunciation or refusal of the first-named person.
3. If no alternate is named, prepare and file a petition (often called a Petition for Probate and/or for Appointment of Personal Representative) in the probate division or court handling estates in the county where the decedent lived. Include a statement that the named executor has declined or failed to act and your request that the court appoint you.
4. Provide notice to interested persons (heirs and beneficiaries) as required by the court. The court will either grant the petition, set a brief hearing, or require additional information.
5. If the court appoints you, the court issues letters testamentary or letters of administration (the document that gives you authority to act for the estate). The court may require a bond; sometimes the will waives bond for the person named in the will but the waiver may not apply to a successor—check the will and follow the court’s instructions.

Where you file and where to get forms: New Hampshire’s probate information and local filing information is available from the New Hampshire Judicial Branch Probate pages. For statute text and broader rules governing wills and administration, consult the New Hampshire Revised Statutes on the General Court website: NH Judicial Branch — Probate and New Hampshire Revised Statutes (RSA).

Common complications and how the court usually handles them

• If the named person cannot be located or is incapacitated, file a petition explaining the circumstances and request appointment of an alternate or another qualified person. The court may require proof of reasonable attempts to contact the named person.
• If the named person refuses but later changes their mind, they can ask to be appointed, but the court has discretion and will consider the estate’s needs and any delay caused by refusal.
• If someone objects to your appointment, the court will schedule a hearing and decide based on statutory priority and whether you qualify and are fit to serve.

Qualifications, bond, and duties — brief overview

Generally a personal representative must be an adult able to manage the estate’s affairs. The court may require a surety bond to protect estate creditors and beneficiaries. The personal representative’s duties include gathering assets, paying debts and taxes, and distributing assets according to the will or law. These duties carry legal responsibilities and deadlines; courts expect fiduciary conduct.

Helpful Hints

• Gather the original will immediately. Probate requires the original in most cases.
• Ask the sibling to sign a short written renunciation. A simple, signed renunciation speeds the process and avoids a hearing. If they refuse to sign, document their refusal (email or affidavit) and file your petition.
• Contact the probate clerk for local filing requirements and forms. Each county or court division may have specific procedures and fees. Start here: NH Probate Court Information.
• Prepare a basic petition packet: death certificate, original will, renunciation or explanation of refusal, petition for appointment, a proposed form of letters, a list of heirs/beneficiaries, and a filing fee.
• If the will waived bond for the named personal representative, check whether a successor must post bond. Ask the court clerk or an attorney if you’re unsure.
• If family disagreements are blocking administration, consider mediation or a short contested hearing. The court can resolve disputes but that can add time and cost.
• If the estate is complicated (real property, business interests, contested will, tax issues), consult an estate or probate attorney for help. Probate has strict timelines and fiduciary duties.

Sample next steps checklist

1. Find and secure the original will and get multiple certified copies of the death certificate.
2. Ask the named person to sign a renunciation. If they refuse, document the refusal.
3. Contact the local probate clerk for forms and filing instructions.
4. File a petition for appointment asking the court to appoint you as personal representative; attach the will and renunciation or explanation of refusal.
5. Give required notice to beneficiaries/heirs and attend any hearing the court schedules.
6. If appointed, follow the court’s instructions about bond, letters, and administration duties.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For legal advice about your specific situation, consult a licensed New Hampshire attorney or the probate court.