Short answer

If a relative with priority (for example, a named executor or an heir) refuses to sign a renunciation so you can qualify as personal representative, you still have options. You can try to resolve the issue informally (ask them to sign a formal renunciation or a declination to serve), or you can ask the probate court to appoint you despite their refusal by filing a petition and asking for a hearing. The court will consider the will (if any), the statutory order of preference for appointment, the relative’s willingness and ability to serve, and the best interests of the estate.

Detailed answer — how this usually works in Arkansas

Probate courts follow a statutory order of preference when appointing a personal representative. A person who is named as executor in a will or who otherwise has priority may be the first person the court looks to appoint. A person who does not wish to serve can formally renounce the appointment, typically by signing a written renunciation or declination filed with the court. If that person refuses to sign, you cannot simply file a paper renouncing on their behalf — the court needs evidence showing they will not or cannot serve.

Here are the common paths you can take in Arkansas when a priority person (like an uncle) refuses to sign a renunciation:

Ask for a formal declination or renunciation. Explain the role, the limited duties, and any protections (insurance or bond) so your uncle understands what serving would mean. A simple written and signed declination that is filed with the court is the cleanest way to allow the next-in-line person to qualify.
Offer alternatives or safeguards. If his fear is liability, offer that the estate obtain a surety bond or that you obtain estate administration liability insurance. If his concern is time or complexity, explain he can appoint an agent or sign a short, formal renunciation so the court can proceed.
File a petition with the probate court asking the court to appoint you. If you cannot get a signed renunciation, you can petition the probate court to be appointed. In that petition you should explain the situation: identify the decedent, produce the will (if any), say who has priority and state facts showing the uncle is unwilling or unable to serve (for example, he expressly refuses or fails to respond). The clerk will schedule a hearing or set a notice requirement so interested parties can object.
Ask the court to find the person unwilling or unqualified to serve. At the hearing you can ask the judge to find that the uncle is unwilling to serve (or is disqualified or incapacitated). If the court makes that finding, it may appoint the next qualified person — potentially you. The court has discretion to appoint the person it finds appropriate under the circumstances.
If the uncle is incapacitated or unavailable, present evidence. If he cannot sign because of incapacity, long-term illness, or inability to be located, provide proof (medical records, affidavits, attempts at contact). The court can consider incapacity or lack of notice when deciding appointment.
Consider alternative procedures when there is no will. For intestate estates, the court appoints an administrator. If a priority heir who would otherwise be appointed refuses to serve and will not renounce, the same steps (petitioning the court and asking for a hearing) apply.

What to bring to the probate court and what to expect

Certified copy of the death certificate.
Original will (if there is one) and any codicils.
Identification for you and any interested parties.
Documentation of your attempts to get a signed renunciation (emails, texts, certified letters).
Evidence of the uncle’s refusal or inability to serve (statements, affidavits, medical records if relevant).
Proposed petitioner’s contact info and a proposed plan for administration (bond, inventory, steps you will take).

Practical considerations and common outcomes

Courts generally prefer to appoint someone who will actively administer the estate. A named executor who refuses to act is often treated like a declination when the refusal is clear and documented.
Getting a signed renunciation is the fastest route. If the uncle simply fails to sign because of misunderstanding or fear, a short conversation, a clear form, or a lawyer’s call may resolve it.
If the dispute becomes contested (the uncle objects to your appointment or other heirs intervene), expect delay and potentially the need for an attorney to litigate appointment and other matters.
If you are appointed over objections, you should follow the court’s directions closely: file inventories, post bond (if required), and keep careful records to reduce the risk of personal liability.

Where to find Arkansas probate rules and forms

Probate procedures and the order of priority for appointment are governed by Arkansas probate law and local court rules. For the legislature’s site and Arkansas statutes, start at the Arkansas General Assembly website: https://www.arkleg.state.ar.us/. For local probate forms and filing rules, check the website of the circuit court clerk or the county probate office where the decedent resided.

Helpful hints

Keep communications written where possible. Save emails, texts, and certified mail receipts showing your request for a signed renunciation.
Use a short, clear renunciation form. Clerks often accept a one-paragraph written declination signed and dated by the person refusing to serve.
Explain limited liability and bond options. Many people refuse because they fear personal financial exposure; a bond or court oversight can reduce that worry.
Act quickly but carefully. Probate deadlines and creditor notice periods may start running; sooner filing often helps protect estate assets.
If the refusal becomes a dispute, consider a lawyer early. A probate attorney can file the right petition and represent you at a hearing to get a judicial determination.
Bring witnesses or affidavits if the uncle is unreachable or incapacitated. The court accepts evidence showing inability to serve.

Next steps

1) Try to obtain a written renunciation or declination. 2) If you cannot, prepare a petition to the probate court documenting your attempts and asking for appointment. 3) Be ready for a hearing and bring supporting evidence. 4) Consult a probate attorney in Arkansas if the case is contested or complex.