Short answer: If your uncle refuses to sign a written renunciation, you still have options: ask the court to appoint you anyway by filing a petition for appointment and explaining why your uncle should not be appointed (because he is unwilling, unavailable, incapacitated, or otherwise unfit), ask the court to excuse or bypass him, or seek other remedies (mediation, subpoena, or appointment of a different fiduciary). Talk to the local probate clerk early and consider getting an attorney to file the petition and represent you at a hearing.

How New Hampshire probate process generally works (basics for beginners)

When someone dies and you want to act for the estate, you usually must be appointed by the Probate Division of the Superior Court (the personal representative). New Hampshire statutes and court rules set a priority list of who is entitled to serve and how the court decides between competing applicants. A person who is otherwise entitled to appointment can formally renounce their right to serve by signing and filing a renunciation with the probate court; that lets the court appoint the next eligible person. If the person refuses to sign, the court will rely on the applicable procedures to decide who should be appointed.

For general New Hampshire probate information and forms, see the Probate Division of the New Hampshire Judicial Branch: https://www.courts.state.nh.us/probate/. For New Hampshire Revised Statutes, see the RSA index: https://www.gencourt.state.nh.us/rsa/html/indexes/.

Step-by-step actions you can take if your uncle refuses to sign

1. Confirm the reason he refuses. Is he unwilling to serve, worried about liability, living out of state, incapacitated, or hoping to block you? Understanding why helps you choose the right remedy.
2. Talk to the probate clerk early. Clerks can confirm local filing steps, required forms, and whether a written renunciation exists in a particular format. They can also explain hearing scheduling. Find your county Probate Division through the NH Judicial Branch site above.
3. Ask the uncle to sign a formal renunciation or declination. Sometimes a short conversation, an explanation of what serving involves (and that you will handle daily duties), or an offer to obtain a surety bond can persuade him. A formal renunciation should be written, signed, and notarized before filing.
4. If he still refuses, file your petition for appointment. File the standard petition or application to be appointed personal representative and request a hearing. In your petition, explain why you are qualified and note that the uncle refuses to renounce or cannot/will not serve. The court will provide notice to interested persons and schedule a hearing if needed.
5. Ask the court to bypass or excuse him at the hearing. If the uncle is unwilling to serve, the court commonly will not force service on him. The court may appoint the next person in priority or appoint the petitioner if the court finds the petitioner suitable. Be prepared to explain why appointment of you is appropriate (availability, lack of conflicts, competence, proposed bond, and any evidence the uncle is unwilling or unfit).
6. Use subpoenas or evidence if necessary. If the uncle actively resists the process (e.g., by hiding assets or interfering), you or the court may use discovery or subpoenas to require his appearance so the judge can decide. If he is incapacitated, you may need to show incapacity with medical or other evidence.
7. Consider alternative fiduciaries. If neither you nor your uncle is appropriate, the court can appoint another relative, a neutral third party, or a public fiduciary to administer the estate.
8. Get legal help for contested or complex situations. If the refusal reflects a family dispute, allegations of misconduct, or complex assets, hire a probate lawyer to draft pleadings and represent you at a hearing.

What the court will consider

• Who has legal priority under New Hampshire law and whether that person is willing and able to serve.
• Whether the person refusing to sign is unavailable, incapacitated, disqualified, or simply unwilling to carry out the duties.
• Whether appointment of you (or another person) is in the estate’s best interests and will protect creditors and beneficiaries.
• Any conflict of interest that might make an otherwise entitled person unsuitable to serve.

Common scenarios and likely outcomes (hypotheticals)

Hypothetical 1 — Uncle is highest-priority heir but refuses because he doesn’t want the work: The court is likely to accept his unwillingness and appoint the next eligible person (you) if you petition and the court finds you suitable.

Hypothetical 2 — Uncle refuses because he objects to you personally or to your handling of the estate: The court will hold a hearing. If you demonstrate suitability and the uncle does not have a legal disqualification, the judge may still appoint you, but a contested hearing may delay administration and increase costs.

Hypothetical 3 — Uncle refuses and also hides assets or claims control: This is more serious. The court can order turnover, subpoena witnesses, and may impose sanctions. Get an attorney promptly.

Helpful hints

• Do not assume a refusal ends your ability to be appointed — petition the probate court promptly.
• Keep communications civil and document refusals in writing (email or a signed statement) to show the court the uncle will not cooperate.
• Bring evidence of your qualifications (residence, availability, whether you can post bond if required) when you petition.
• Ask about required bonds and whether you can provide or waive a bond. Offering an acceptable bond can make the court more comfortable appointing you.
• Use the NH Probate Division website for local forms and filing instructions: https://www.courts.state.nh.us/probate/.
• If the matter is likely to be contested, hire a probate attorney experienced in New Hampshire law to save time and reduce the risk of procedural mistakes.

When you should consult a New Hampshire probate attorney

Talk with an attorney if:

• Your uncle is actively obstructing administration (hiding assets, claiming control, or otherwise interfering).
• There are disputes among beneficiaries or competing petitions for appointment.
• The estate has unusual complexity (real property in other states, business interests, large creditor claims).
• You need help drafting pleadings, requesting subpoenas, or presenting evidence of incapacity or unfitness.