How to proceed when a relative refuses to sign a renunciation for appointment as personal representative

Short answer: In California you have several options if a person who has priority to be appointed (your uncle in this situation) refuses to sign a written renunciation. You can try to persuade the person to sign, petition the probate court for appointment (with or without bond), or pursue alternative court relief. The court will decide who to appoint after notice and, if necessary, a hearing.

Why a renunciation matters

When a decedent’s estate goes to probate, California law establishes an order of priority for who may be appointed personal representative (also called executor or administrator). A person who has a higher priority can sign a written renunciation to allow a lower‑priority person to be appointed without that higher‑priority person having to take action or appear. A signed renunciation simplifies appointment and often eliminates the need for a hearing or for a bond.

Key California resources

California Courts — Probate Self‑Help: https://www.courts.ca.gov/selfhelp-probate.htm
California Courts — Probate forms (letters, petitions, bond forms): https://www.courts.ca.gov/forms.htm?filter=probate
California Legislative Information — California Probate Code (searchable statutes): https://leginfo.legislature.ca.gov/

Practical steps to take right now

Confirm why the uncle’s signature is required. Determine whether the uncle has statutory priority (e.g., closest next of kin) or whether the decedent nominated you in a will. If the decedent expressly named you as executor, that nomination often governs, but interested persons still receive notice and may contest or seek appointment.
Ask for a written renunciation. A renunciation must generally be in writing and comply with probate procedure. Offer to provide the specific form or draft the short document for signature. Explain that a written renunciation only gives up the right to be appointed and does not change inheritance rights.
Offer to make it easy and safe. Offer a neutral location, a notary, or have a trusted third party (clerk, attorney) explain the effect. People sometimes refuse because they misunderstand the consequences.
If persuasion fails, file the appropriate probate petition. If the decedent left a will, file a petition for probate (to get Letters Testamentary). If no will, file a petition for letters of administration. The court will set a hearing and require notice to interested persons, including your uncle. The court may appoint you even without a renunciation, subject to statutory priority rules and any timely objections.
Be ready to post bond if required. If someone with higher priority does not renounce, the court commonly requires a bond to protect estate creditors and distributees. The bond can often be arranged through a surety company; the court will set the amount.
Request a court hearing and explain why appointment of you is appropriate. At the hearing you can present reasons why you should serve (e.g., proximity, ability, no conflicts, best interest of estate). The judge will weigh objections and priorities and decide who will be appointed.
Consider alternatives if conflict is intense. Mediation between interested family members or a short conference with the court’s probate facilitator can resolve disputes quickly. If the uncle’s refusal is based on incapacity or undue influence, you may need to raise those issues in court with supporting evidence.

What the court process looks like

When you file a probate petition the clerk assigns a date for a hearing and requires formal notice to interested parties. Interested people may file objections or a competing petition. The judge reviews the petition, any objections, and evidence. If the judge finds appointment of you appropriate (and statutory priority does not require appointment of another), the court will sign an order issuing Letters (Letters Testamentary or Letters of Administration). If a bond is required, the court issues letters only after the bond is posted.

Costs, timing, and practical concerns

Filing fees and bond premiums exist; attorney fees are common in contested matters.
Uncontested petitions with signed renunciations often move faster and cost less.
Contested petitions can take months depending on court schedules and complexity.

When to consult a probate attorney

Talk to an attorney if your uncle objects and the estate involves: significant assets, creditor issues, complex family relationships, or suspected incapacity/undue influence. An attorney can file the petition correctly, arrange the bond, prepare notice, and represent you at hearing. If you decide to meet with an attorney, bring the decedent’s will (if any), death certificate, a list of major assets and heirs, and notes about any discussions with your uncle.

Helpful hints

Use plain language when asking your uncle to sign: explain that renouncing only gives up the right to be appointed and does not change inheritance amounts.
Provide a draft renunciation or direct the person to the court form to make signing simple.
Offer to pay notarization or to meet at a neutral public location (court clerk, bank, lawyer’s office).
If the uncle fears liability, explain that the personal representative can be bonded and that fiduciary duties and accounting protect beneficiaries.
Keep records of communications: date, time, and content of conversations about renunciation or appointment.
File the probate petition early. Even if the uncle refuses to renounce, the court process clarifies appointment and protects you with court authority once letters issue.

Next practical step: If the uncle won’t sign, gather the decedent’s will (if any), death certificate, and a list of heirs and assets, then either file the appropriate probate petition with the court or consult a probate attorney to confirm the best route in your county.

Disclaimer: This article explains general California probate procedures and is for education only. It is not legal advice. For advice about your particular situation, consult a licensed California probate attorney.