Short answer: If a relative (your uncle) refuses to sign a written renunciation that would let you qualify as personal representative, you can try to get a voluntary renunciation, show the court that the relative is unavailable or disqualified, or ask the probate court to decide who should be appointed after notice and a hearing. In some situations the court can appoint you despite the refusal. Below is a step‑by‑step explanation of how this works under Michigan probate practice, what evidence the court will want, and practical next steps.

Disclaimer

This article explains general Michigan probate procedures and is for educational purposes only. It is not legal advice. For advice tailored to your situation, speak with a Michigan probate attorney.

Detailed answer — What renunciation is and what you can do in Michigan

What is a renunciation? In probate, a renunciation is a written, signed statement by a person who otherwise has priority to be appointed as personal representative (executor/administrator) that they decline appointment. Many probate courts require renunciations in writing and on a form or affidavit so the court can move forward with appointing the next person in priority.

Why your uncle’s signature matters. If your uncle has priority under Michigan’s probate succession rules (for example, he is the surviving spouse or highest-ranking intestate heir), the court usually will not appoint someone lower in the priority order unless the higher priority person renounces, is unavailable, or is disqualified. A flat refusal to sign a renunciation does not necessarily end your options.

Key practical options:

• Ask for a voluntary, written renunciation. The simplest solution is to calmly ask your uncle to sign a written renunciation. Explain what the role will require (time, potential costs, bond). Offer to provide the renunciation form the probate court accepts or a signed statement you can file with the court.
• Explain and negotiate. Some people refuse because they fear liability, cost, or work. You can offer assurances (e.g., you will handle the day‑to‑day, the estate will pay reasonable costs and attorney fees, or you will seek a bond waiver if allowed). A mediated conversation or presence of another family member may resolve the issue.
• File your own petition for appointment and request a hearing. If your uncle refuses to renounce, you can still petition the probate court to appoint you as personal representative. The court will set a hearing and require proper notice to interested persons. At that hearing the judge will decide who to appoint based on priority rules, qualifications, and any evidence of disqualification or unavailability.
• Show the court your uncle is unavailable or unqualified. Michigan law allows the court to pass over persons who are unavailable (cannot be located, incapacitated) or disqualified (felony conviction involving trust dishonesty, unsworn foreign attachments, or other statutory disqualifications). Provide affidavit evidence of incapacity, refusal to serve, incarceration, or other disqualifying facts so the court can decide not to appoint him.
• Ask the court to accept an informal renunciation or to proceed without it. If your uncle is refusing but not asserting a right to serve, the court may accept other proof of his unwillingness and proceed. Some courts accept an affidavit from you stating that the higher‑priority person has declined to act if you can show the person was given notice and a reasonable opportunity to accept.
• Seek a temporary or emergency appointment. If the estate needs an immediate representative (to preserve property, continue a business, file tax returns, or protect assets), you can ask the court for interim letters for you while the court resolves the appointment issue.
• Consider removal or qualification challenges later. If your uncle is appointed and then refuses to act responsibly, the court can remove a personal representative for failure to perform duties or for misconduct. But that route is longer and often more expensive than preventing an appointment in the first place.

Relevant Michigan authority and forms. Michigan’s probate practice and the Estates and Protected Individuals Code (EPIC) govern appointment of personal representatives and related matters. For general statutory background on Michigan probate matters see the EPIC resources hosted by the Michigan Legislature and the Michigan Courts probate pages and forms:

• EPIC (Act 386 of 1998) and related statutes — Michigan Legislature: https://www.legislature.mi.gov/ (search: “Act 386 of 1998” or “Estates and Protected Individuals Code”).
• Michigan Courts — Probate procedures and forms: https://courts.michigan.gov/administration/scao/pages/probate-forms-and-information.aspx

Note: statutes and local probate practice rules differ in detail across counties. A local probate court clerk can tell you the court’s required renunciation form, filing steps, and required notices.

What the court will look for at a hearing

• Proof that all required persons received notice of the petition and hearing.
• Evidence of the relative’s availability or incapacity (affidavits, medical records, declarations, employer statements showing incarceration or absence).
• Evidence of disqualifying facts (criminal convictions involving dishonesty, conflicts of interest, conflict with statutory qualifications).
• Whether a bond should be required or can be waived (estate size, heirs’ agreement, personal representative creditworthiness).
• The court’s sense of which candidate will best protect estate assets and administer the estate fairly.

Typical timeline and costs

Timeline: If you negotiate a voluntary renunciation, you can often file immediately and the court will process appointment within days to weeks. If you file a contested petition and the uncle appears or objects, expect at least several weeks to months for scheduling, evidence, and a hearing.

Costs: Filing fees, costs for serving notice, and attorney fees if you hire counsel. If you seek an interim appointment the court may still require some hearings and fees.

When to hire a probate attorney

Consider hiring an attorney if:

• The uncle claims a right to serve and will contest your petition.
• You must prove incapacity or disqualification with medical or criminal records.
• There are significant estate assets, disputes among heirs, or time‑sensitive assets to protect.

An attorney can prepare the petition, gather admissible affidavits, serve proper notice, and argue at the hearing.

Helpful hints

• Get the death certificate and any copy of the will (if one exists) before filing.
• Ask the probate clerk what renunciation form they accept; many courts will provide a fillable form.
• Put any communications with your uncle in writing so you have proof of offering and refusal.
• Collect evidence of unavailability or incapacity early (photos of incarceration, hospital contact, employer letter).
• Consider mediation or a family meeting to avoid contested litigation.
• Prepare a proposed inventory and bond estimate to show the court you are ready to serve responsibly.
• If the estate needs immediate protection, ask for temporary letters in your petition.
• Keep deadlines in mind: probate filing timelines and notice periods are set by court rules—missing them can delay appointment.