Options When an Interested Person Refuses to Renounce in a Maine Probate Case

This FAQ-style article explains what a renunciation is under Maine probate practice and what you can do if an interested person (for example, an uncle) refuses to sign a renunciation that you need to become the personal representative. This is an educational overview only—not legal advice. For the Maine Probate Code, see Title 18‑B of the Maine statutes: Title 18-B, Maine Revised Statutes. For Maine probate forms and local procedures, see the Maine Judicial Branch probate pages: Maine Probate Forms and Probate Help Center.

Detailed Answer

What a renunciation means and why it matters

A renunciation is a signed, written statement by a person who would otherwise be entitled to appointment as personal representative saying that they decline appointment. When someone with higher priority renounces, the next person in the statutory priority order becomes eligible. A formal renunciation speeds the clerk’s or judge’s ability to issue letters of appointment to the next qualified person.

Short hypothetical

Imagine an intestate estate (no will). Maine’s priority list gives certain family members the first chance to be appointed personal representative. If an uncle stands ahead of you in that priority order but refuses to sign a renunciation, you cannot simply file his signature for him. However, you still have routes to seek appointment without his signed renunciation.

Primary options if the uncle refuses to sign

• Try informal resolution first. Speak calmly with the uncle. Explain the duties, time commitment, and that signing a short renunciation form simply allows you to take the job; it does not change his inheritance rights. Offer to answer questions or arrange for neutral information from the probate office.
• Use Maine’s renunciation form (or similar writing). Provide the uncle with the probate renunciation form from the Maine Judicial Branch. If he is worried about liability, explain that a renunciation only declines appointment; it does not make him responsible for estate administration.
• File a petition with the probate court explaining the refusal. If the uncle won’t sign, you can petition the probate court to appoint you and include an explanation and evidence of his refusal (for example: copies of correspondence, affidavits describing your attempts to obtain a renunciation, or statements from witnesses). The court has authority under the Maine Probate Code to appoint a willing and qualified personal representative where a person entitled to appointment is unavailable, unwilling, or declines to serve. See Title 18‑B, Maine Revised Statutes: Title 18-B.
• If there is a will that nominates you, file as the nominated personal representative. A valid nomination in a decedent’s will typically has priority over intestate family priority. If the decedent named you in a will, file the will and your petition for appointment. The court generally honors a decedent’s nomination unless there is a statutory reason to refuse appointment.
• Ask the court to find the uncle unavailable or unwilling. The judge can decide that an entitled person is unavailable or unwilling to serve even without a formal renunciation. You will need to demonstrate efforts to contact the uncle and that he has refused or is unable to serve. The court can then appoint a different qualified person.
• Request a hearing. If the uncle contests or the court needs clarification, request a hearing. At the hearing the uncle can appear and state on the record whether he accepts or declines to serve. If he testifies that he declines, the court can treat that as a renunciation in effect.
• Consider temporary or special appointments. If estate business (bills, funeral expenses, or property protection) must be handled quickly, ask the probate court for a temporary or limited appointment until the formal appointment is resolved.

Practical steps to take now

1. Gather core documents: the death certificate, any will, a short family/beneficiary list, and proof of your relationship to the decedent.
2. Use the Maine probate renunciation form if the uncle cooperates: Maine Probate Forms.
3. Document all attempts to contact the uncle (dates, times, method). If he communicates refusal in writing or by text/email, keep copies.
4. File a petition for appointment at the probate court in the county where the decedent lived. Include an affidavit explaining the uncle’s refusal or unavailability, and request the court appoint you as personal representative or permit a hearing.
5. Serve required notices to interested persons as required by Maine procedure and bring proof of service to court.

When the court will step in

The probate judge’s job is to ensure a responsible person administers the estate. If an entitled person is plainly unwilling or cannot be located, the judge can appoint another qualified individual. The precise procedures and evidence the court expects vary by county; contact the local probate clerk or consult the Maine Probate Code: Title 18-B.

When to get a lawyer

Consider consulting a probate attorney if the uncle is actively obstructing estate administration, disputes over who should serve arise, there are complex assets or creditors, or if other heirs threaten litigation. An attorney can prepare petitions, affidavits, and represent you at hearings.

Helpful Hints

• Be respectful and clear when you ask the uncle to renounce; many refusals stem from misunderstanding or worry.
• Keep written records of all communications and attempts to obtain a renunciation—these are critical if you must ask the court to act.
• Use the official Maine probate forms when possible; many clerks will guide you to the correct form and fee information: Maine Probate Forms.
• If the decedent nominated you in a will, file the will promptly—nominations are powerful evidence in your favor.
• If estate property needs immediate protection (e.g., to secure a house), ask for temporary authority from the court while you resolve the appointment dispute.
• Probate rules and local practice can differ by county. Call the local probate clerk’s office for practical filing steps, deadlines, and fees.
• Document why you want to serve (availability, competence, no conflicts) so the court can quickly evaluate your fitness if you must petition for appointment.