Detailed answer — practical and legal steps under South Carolina law

When someone who has a legal priority to be appointed as a personal representative (sometimes called an administrator or executor) refuses to give a written renunciation, it can slow or block your appointment. South Carolina probate law governs who is entitled to be appointed and how renunciations or refusals are handled. For the official statutory framework for probate matters in South Carolina, see the South Carolina Code, Title 62 (Probate): https://www.scstatehouse.gov/code/t62.php.

Below is a step-by-step outline of what you can do, starting with the least adversarial options and moving to formal court remedies.

1. Confirm whose written renunciation is required.

   Probate law establishes a priority list of persons who may be appointed. The person who has higher priority may need to renounce before someone lower on the list can be appointed. Make sure the person you think must renounce actually has priority under South Carolina law (the clerk of probate or a probate attorney can confirm this). If the decedent left a valid will naming a personal representative, follow that nomination unless it is invalid.

2. Ask for a formal written renunciation or a written refusal.

   Start by asking the person to sign the renunciation form required by the probate court. If they refuse, try to get a short written statement or email of refusal. That written refusal is useful at court and for recordkeeping.

3. Try nonlitigation resolution first.

   Explain why you want to serve (experience, availability, willingness to post bond or waive compensation, qualifications). Offer compromises such as posting a bond, agreeing to court supervision, or limiting your duties. Sometimes a practical accommodation convinces the holder of priority to sign.

4. File a petition with the probate court to be appointed despite the refusal.

   If negotiation fails, file a formal petition for appointment of a personal representative in the probate court for the county where the decedent lived. The court will notify interested persons and may set a hearing. At the hearing you can explain why appointment of the person who refuses would be inappropriate or why appointment of you is in the estate’s best interests (e.g., the other person is unwilling to serve, incapacitated, lives out of state and cannot carry out duties, has conflicts, or is otherwise unfit).

5. Ask the court to accept a substituted method or to declare a vacancy.

   South Carolina law allows the court to appoint someone who will properly administer the estate. If a priority person refuses or is unable to act, the court can proceed to appoint the next qualified person. If the person simply refuses to cooperate, the court often will treat that as effectively declining appointment and move on to appoint an available, qualified person.

6. Consider alternatives for immediate needs.

   If you need immediate limited authority (to preserve assets, pay bills, or secure property), ask the court to appoint a temporary or special administrator. The court may grant short-term powers without resolving the entire appointment dispute.

7. Prepare for contested proceedings.

   If the refusal leads to litigation, gather documentation: death certificate, will (if any), list of heirs, evidence of the other person’s refusal or inability, and any communications showing why you are a better choice. The court will weigh the capacity and willingness of each candidate and the estate’s needs.

8. Get legal help if needed.

   Probate procedure and priority rules can be technical. A probate attorney can prepare the petition, guide service of notice, represent you at hearings, recommend whether bond is needed, and help you evaluate settlement options.

For official guidance and the statutes that govern appointment and administration of estates in South Carolina, consult Title 62 of the South Carolina Code: South Carolina Code – Title 62 (Probate). You can also contact the clerk of probate in the county where the decedent lived for forms and local procedures.

Important procedural notes:

• Courts typically require written renunciations to be filed with the probate court. If an entitled person refuses to sign, the court will often treat that refusal as a practical declination and move to appoint the next eligible person after notice and an opportunity to be heard.
• If the estate is small, South Carolina may offer simplified or summary procedures that avoid a full appointment fight. Ask the county probate clerk whether your situation qualifies for a simplified process.
• Temporary or special administration can secure assets while the appointment dispute resolves; ask the court about emergency or interim relief.

Disclaimer: This article provides general information about South Carolina probate procedures. It is not legal advice. For advice about your specific situation, contact a licensed South Carolina attorney who handles probate matters.

Helpful Hints

• Get the decedent’s death certificate and the original will (if any) before filing anything with the court.
• Ask the probate clerk for the county’s required forms and for information on filing fees and bond requirements.
• Document any attempts to obtain a signed renunciation and any written refusals; bring those to court.
• Consider whether a temporary or special administrator is necessary to protect assets while you seek appointment.
• Explore settlement or mediation before formal hearings; courts appreciate reasonable efforts to avoid contested litigation.
• If you live out of state or cannot serve, be honest about your availability. The court favors capable, available fiduciaries.
• Keep heirs and potential interested parties informed to reduce conflict and surprise objections at hearings.