Short answer

Yes. If the person your parent named in the will (the nominated executor) refuses to serve, South Carolina probate courts will appoint another personal representative. The court will follow the will’s alternate nominations (if any), and otherwise follow statutory appointment rules and priorities under South Carolina probate law.

Detailed answer — steps you can expect under South Carolina law

This section explains the common process and the documents you’ll need. It is intended to educate — not legal advice.

1. Confirm the nominated executor’s refusal.

   The nominated executor can formally decline by signing a written renunciation or by telling the probate court at the opening hearing that they refuse to act. A written renunciation signed and filed with the court is the clearest path.

2. Check the will for an alternate nominee.

   Many wills name a primary executor and one or more alternate executors. If an alternate is named and willing, the court will generally appoint that person.

3. If there is no willing alternate, the court appoints under statutory priority.

   When the nominated executor declines, the probate court appoints a personal representative according to the law’s priority rules (for example, a surviving spouse, an adult child, another heir, or another qualified person). The court will favor persons with an interest in the estate and those who are competent and willing to serve.

   For South Carolina statutory law on probate and appointment of personal representatives, see South Carolina Code of Laws, Title 62 (Probate). For overview and applicable provisions, see: South Carolina Code, Title 62 — Probate.

4. File the probate petition and supporting documents.

   The person seeking appointment (you, if you intend to serve) must file a petition to open probate in the county probate court where the decedent lived. Typical documents include the original will, the death certificate, the petition for probate, and any renunciation by the named executor.

5. Notice and hearing.

   The court will require notice to heirs and interested parties and may schedule a hearing. If no party objects and you meet statutory qualifications, the court usually appoints the willing, qualified person named by the decedent (alternate) or the next person entitled under the law.

6. Bond and qualification requirements.

   The court may require the personal representative to post a probate bond unless the will waives bond. You’ll also be required to take an oath and file an inventory and account as required by South Carolina law.

7. What if the named executor refuses but won’t sign a renunciation?

   If the named executor refuses to sign a renunciation and claims a right to serve, the court will address that dispute at the probate hearing. If the nominated executor is unwilling or unable to act in practice, the court can still decline to appoint them and choose a different person after any required notice and hearing.

Because statutes and local procedures vary, review Title 62 of the South Carolina Code for the detailed rules. See: S.C. Code — Title 62 (Probate).

Typical timeline and paperwork

• Gather original will and death certificate.
• Prepare and file the petition to probate the will (county probate court).
• If the named executor refuses, file a signed renunciation (or have the court note the refusal at hearing).
• Provide notice to heirs and interested parties per court rules.
• Attend the appointment hearing (if required).
• If appointed, qualify by taking any required oath and posting bond if ordered.

When you might need an attorney

Consider consulting a probate attorney if any of the following apply:

• The named executor refuses but other heirs dispute who should serve.
• The will is contested or its validity is in doubt.
• The estate has complex assets, taxes, or creditor claims.
• You need help preparing the petition, handling bond, or managing court deadlines.

Helpful hints — practical checklist

• Locate the original will and a certified copy of the death certificate before filing.
• Ask the named executor to sign a written renunciation and file it with the court to speed the process.
• Check the will for alternate executors and contact them promptly.
• Collect a list of heirs and their contact information for court notices.
• Be prepared to post bond unless the will waives bond.
• Keep careful records and receipts if you are appointed; the court will require accounting.
• Ask the probate clerk which county-specific forms and filing fees are required.

Where to read the law

Primary South Carolina statute resources are online. For the probate code and appointment rules, start with Title 62 of the South Carolina Code of Laws: https://www.scstatehouse.gov/code/title62.php. County probate court clerks can also provide local filing instructions and forms.