What to Do When a Relative Refuses to Renounce Appointment — Hawaii Probate Options | Hawaii Probate

Can you proceed if a prior-priority relative won’t sign a renunciation in Hawaii probate?

Detailed Answer

When someone ahead of you in the statutory priority for appointment as personal representative (sometimes called an executor or administrator) refuses to sign a formal renunciation, you can still pursue appointment — but your options and likelihood of success depend on the circumstances and Hawaii law.

Hawaii’s probate and administration rules are in the Hawaii Revised Statutes (see Chapter 560 for probate and appointment rules). For general statute language on probate appointment and related procedures, see the Hawaii Revised Statutes Chapter 560: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/. For practical court filing steps and forms, see the Hawaii Judiciary probate self-help pages: https://www.courts.state.hi.us/self-help/probate.

Key legal concepts you should understand:

Priority to appoint: State law sets a priority list (surviving spouse, children, parents, other heirs) for who is entitled to be appointed as personal representative. If a person with higher priority wants to serve, the court normally appoints them.
Renunciation: A renunciation is a written, signed document where a person entitled to appointment formally declines the position so that the next person in line can be appointed without delay.
Refusal vs. failure to qualify: If the higher-priority person refuses service (either in writing or at a court hearing), the court can generally proceed to appoint the next eligible person. But if that person simply refuses to sign a renunciation while claiming a right to serve, and actively seeks appointment, a court may not appoint someone lower in priority unless there is a legal basis (for example, the higher-priority person is not qualified or is unwilling/unavailable).

What you can do if a relative (for example, an uncle) will not sign a renunciation:

Ask for an explanation and try to resolve it informally. Often refusal is due to misunderstanding about duties, liability, or estate complexity. Explain that signing a renunciation simply declines appointment and does not waive any inheritance rights. Offer to cover estate bond costs, handle communication, or work together in another role (co-representative) if that will help.
Document a clear written refusal. If your uncle will not sign a renunciation but tells you (in person or in writing) that he does not want to serve, save copies of any written messages or get a short signed statement. A court can treat an expressed unwillingness to serve as the practical equivalent of renunciation if it is clear and unambiguous.
File a petition for appointment with the probate court. You can petition the circuit court in the county where the decedent lived for appointment as personal representative. The petition triggers notice to interested persons (including your uncle). At the appointment hearing the court will consider who is willing and qualified to serve. If your uncle is available and insists on serving, the court may appoint him. If he declines at the hearing or fails to qualify (for example, he won’t post a required bond or is incapacitated), the court can appoint the next person in line.
Ask the court to accept an oral/or written refusal at the hearing. If your uncle is present at the hearing and says he does not want the role, the judge can accept that statement on the record instead of requiring a separate renunciation document. This is often faster than pushing for a signed renunciation in advance.
If the uncle asserts a right to serve and refuses to cooperate, consider contest grounds. You may only displace someone with higher priority if you can show they are disqualified (e.g., are a nonresident requiring a bond unless a bond is waived, are incompetent, have a felony that disqualifies them, or otherwise lack capacity). These are fact-specific issues and usually require a hearing. The court reviews qualifications under the applicable Hawaii statutes and rules (see Chapter 560).
Consider appointment as temporary or special administrator. If the estate needs immediate attention (to collect assets, prevent loss, or pay bills) you can ask the court for temporary authority. The court can appoint a temporary (special) fiduciary even if the regular appointment is unresolved.
When negotiation and court action fail, hire probate counsel. If the situation is contested or complicated (family conflict, substantial assets, or potential misuse), an attorney experienced in Hawaii probate can file the right pleadings, represent you at hearings, and advise on whether to seek appointment, challenge qualifications, or pursue other remedies.

Practical timeline and likely outcomes:

If your uncle clearly and contemporaneously tells the court he will not serve, you can often be appointed at the initial hearing without a separate renunciation document.
If your uncle insists on serving and is otherwise qualified, the court may appoint him and you will need to pursue alternative relief (e.g., demonstrate his incapacity or disqualification) to be appointed instead.
If the case is contested, expect multiple court appearances, time for discovery, and the possibility of delays. A contested appointment can add weeks or months and increase costs.

Where to file and what to bring:

File the probate petition in the Hawaii circuit court for the county where the decedent was domiciled. See the Hawaii Judiciary probate information and local forms: https://www.courts.state.hi.us/self-help/probate.
Bring certified death certificate, original will (if any), a list of heirs and beneficiaries, known creditor information, and a proposed order and bond (if required).

Relevant statute reference (general): Hawaii Revised Statutes, Probate and Administration (Chapter 560). For statutory text and sections that govern appointment, qualifications, and procedures see: HRS Chapter 560.

Bottom line: A refusal to sign a renunciation does not always block you from being appointed. Start by trying to resolve the issue informally. If that fails, file the appropriate petition and ask the court to accept the relative’s on‑the‑record refusal or to appoint a temporary administrator. If the relative insistently insists on serving and is qualified, you will need to show legal grounds to disqualify them. For contested or complex matters, consult a probate attorney familiar with Hawaii probate practice.

Helpful Hints

Polite communication helps: explain duties, liability, and that renouncing does not forfeit inheritance rights.
Offer practical accommodations: agree to post bond, handle court filings, or act as co-representative if permitted.
Get any refusal in writing or on the record at a court hearing—this can substitute for a signed renunciation.
File a probate petition promptly if the estate needs action (assets may need protection or bills paid).
Consider asking for temporary/special administration if immediate action is needed.
Keep careful records of communications and notices to all heirs and interested parties.
Use the Hawaii Judiciary self-help resources and forms page to get started: Hawaii Probate Self-Help.
If family dynamics are tense or the estate is large/complex, consult a Hawaii probate attorney early to reduce delay and risk.