Arizona: What to do When a Nominated Personal Representative Refuses to Renounce

Detailed answer — Renunciation refusal and how to proceed under Arizona law

When someone named in a will (or otherwise entitled) must formally renounce appointment so a different person can serve as personal representative, a refusal can seem like a roadblock. Under Arizona probate law the court has processes to resolve this. Below is a practical, step‑by‑step explanation of your options and what the court will look at.

Quick legal background

Arizona’s probate statutes govern who is entitled to serve and how appointments happen. The statutes set the order of priority and allow the court to appoint an alternative personal representative when a nominated person declines, fails to qualify, cannot be located, or is unwilling to serve. For the full set of probate rules and statutes, see Arizona Revised Statutes, Title 14 (Probate):
https://www.azleg.gov/arsDetail/?title=14.

How a court typically handles a nominated person who won’t sign a renunciation

1. A named personal representative can formally renounce in writing. If they sign a renunciation, the court treats the nomination as declined and can appoint the next eligible person under the priority rules.

2. If the named person refuses to sign, the petitioner (usually a surviving spouse, beneficiary, or someone with priority) files a petition with the probate court to open probate and request appointment. The petitioner explains the circumstances, provides the will (if any), the death certificate, and states that the nominated person refuses or will not cooperate.

3. The court will review the petition, give required notice to interested persons, and decide whether the nominated person’s refusal prevents appointment. If the nominated person is unwilling to serve, the court may appoint the next person in priority or another suitable person the court finds appropriate. In urgent cases, the court can appoint a temporary personal representative to protect assets during the process.

Practical steps you can take right now

1. Try to get a signed renunciation. Ask your uncle to sign a short written renunciation. Explain what it does: it simply declines appointment and does not change inheritance rights. Offer to have a neutral third party (clerk, notary, or attorney) explain the form.
2. If he still refuses, gather paperwork you will need to file: the original will (if any), a certified copy of the death certificate, a list of heirs/beneficiaries and their contact info, and any creditor or asset information.
3. File a petition for probate and appointment in the appropriate Arizona superior court (probate division). In that petition explain that the nominated person refuses to renounce or will not qualify. Ask the court to appoint you (or another named person) under the statutory priority rules.
4. Request an emergency or temporary personal representative if assets are at immediate risk (e.g., bank accounts being frozen, property at risk of loss). The court has authority to make temporary appointments to protect estate property while the main appointment issue is decided.
5. Serve or notify interested parties as required by court rules. The court will give the nominated person an opportunity to explain, but if they make clear they won’t serve, the court can move on.

What the court will consider

• Whether the nominated person is able and willing to serve. If they explicitly refuse, the court usually treats that as a decline.
• The statutory priority of candidates. Arizona law sets an order of preference (for example spouse, children, other family members) for appointment when no qualified nominated person wants the role. See Arizona probate statutes: https://www.azleg.gov/arsDetail/?title=14.
• Whether there is any conflict of interest or reason the court should deny appointment to a proposed representative (e.g., felony convictions, incapacity, serious conflicts with beneficiaries).
• Whether immediate appointment of a temporary representative is needed to preserve estate assets.

If the uncle is refusing for reasons like control or disputes

If the refusal is tactical (for example to retain control over documents or to delay things), tell the court the facts in your petition and ask for appropriate relief. The court can order production of the will or bank records and can appoint someone else to secure and manage estate property.

Timing and likely outcomes

Probate timelines vary by county and case complexity. If the nominated person simply won’t cooperate, many courts will appoint the next eligible person after required notices and a short hearing. If the case is contested, expect longer delays and the potential need for a hearing where evidence and testimony resolve disputes.

When to get a lawyer

Consider hiring an Arizona probate attorney if the uncle actively blocks access to assets, refuses to turn over the will or estate property, or if family members dispute who should serve. An attorney can prepare the petition, handle required notices, request temporary appointments, and represent you at hearings.

Official resources: Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14. Arizona Courts — probate information and forms: https://www.azcourts.gov/selfservice/Probate.

Disclaimer: This information is educational and not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Arizona attorney.

Helpful hints

• Start by asking the uncle politely and explain that a renunciation is only a short written statement declining to serve — it won’t change who inherits.
• Bring a copy of the renunciation form or sample language to make signing easier.
• If your uncle has safety or capacity concerns, consider offering to have a neutral lawyer or court clerk explain the effect of the form.
• Collect the original will, certified death certificate, and an inventory of estate assets before you file anything.
• File a petition for appointment promptly if your uncle refuses — delays can increase risk to estate assets.
• If assets are threatened (bank accounts, real property), request a temporary personal representative in your initial filing to protect the estate.
• Keep records of all communications showing attempts to obtain the renunciation — the court will want a clear record if there is a dispute.
• Contact the probate clerk in the county where the decedent lived for court‑specific process and local forms; clerks can confirm filing requirements though they cannot give legal advice.