Short answer

If your uncle refuses to sign a renunciation, you can still ask the probate court to appoint you. The court will follow Kentucky’s statutory priority for appointment, consider any objections, and may hold a hearing. You can present evidence that your uncle is unwilling or unable to serve, that he has been given proper notice, or that circumstances make appointment of you appropriate. If needed, the court can appoint someone else based on fitness, waiver, or failure to act. See KRS Chapter 395 (Administration of Estates) for the statutory framework: KRS Chapter 395.

Detailed answer — how this usually works under Kentucky law

1. Who has priority to be appointed?

Kentucky law sets a priority order for who the court will appoint as personal representative when someone dies without naming an executor or when the named executor cannot or will not serve. Surviving spouses, children, parents, siblings, and other relatives generally appear in descending order of priority. If someone higher on the priority list signs a written renunciation, the next eligible person can be appointed.

2. What is a renunciation and why does it matter?

A renunciation is a written, signed statement from an entitled person declining appointment. Courts ordinarily accept a clear, voluntary renunciation so the next person in line may serve. If your uncle refuses to sign, the court will not treat him as having renounced unless the court finds other proof he does not want to serve or is disqualified.

3. Practical steps when the uncle refuses

1. Try to resolve it informally first. Ask why he refuses. He may be worried about liability, bond costs, time commitment, taxes, or family conflict. Offer to obtain bond, pay fees from the estate, or handle the paperwork if the county will allow delegation of duties.
2. Provide a standard renunciation form and clear instructions. Some refusals come from confusion. Many probate clerks or court websites provide a renunciation or declination form. Offer to bring the form to him and, if appropriate, arrange a notary.
3. File a petition for appointment with the probate court. Even if your uncle won’t sign a renunciation, you can file to be appointed. The clerk will give notice to interested persons (including your uncle). If the uncle objects, the court will schedule a hearing to resolve competing claims and determine who is entitled and fit to serve.
4. Ask the court to enter a finding that the uncle is unwilling or unable to serve. You can provide evidence (affidavits, communications, conduct showing refusal, medical evidence of incapacity) that he is unwilling or unfit. The court can then appoint the next person in priority.
5. Raise disqualification or incapacity, if applicable. If the uncle is legally disqualified (convicted felon in some cases, incapacitated, or otherwise ineligible), bring documents or affidavits to the court’s attention. The court can refuse appointment to someone who is not qualified.
6. Consider bond and supervision options. Sometimes a court will appoint a less-preferred person if that person agrees to supervision or a bond. Offering bond, frequent accounting, or a co-administrator arrangement can persuade a court to appoint you instead.
7. If the uncle objects but will not appear, ask the court to proceed. Courts can decide contested appointment issues based on affidavits and available evidence if the objecting person does not participate.

4. What if the uncle intentionally obstructs administration?

If the uncle’s refusal is obstructive (refuses to cooperate, hides estate assets, or interferes with administration), you can ask the court for injunctive relief, to compel cooperation, or to appoint a Temporary or Special Administrator to protect the estate. Bring documentation of obstructive behavior to the court.

5. Timing and notice

Probate procedures have local rules and deadlines. File promptly. The clerk or judge will provide statutory notice to heirs. Failing to appear or respond can cause a person who objects to lose standing, and the court may proceed.

6. When to hire an attorney

Simple, uncontested renunciations and routine filings can often be handled without an attorney. If the uncle objects, if there are significant assets or complex claims, or if he is acting obstructively, hire a Kentucky probate attorney to file pleadings, present evidence, and represent you at hearings.

Reference: Kentucky statutory framework for estate administration is in KRS Chapter 395: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?chapter=395.

Common court outcomes

• The court accepts a written renunciation (if signed) and appoints the next eligible person.
• The court finds the uncle is unwilling or unable to serve based on evidence and appoints you.
• The court finds the uncle entitled and fit, and he is appointed. He may then decline later; the court will handle successor appointment.
• The court appoints a neutral or professional administrator if family conflict or obstruction threatens the estate.

Helpful hints

• Get the death certificate and a list of heirs before filing. Courts require certified death certificates with initial filings.
• Contact the local probate clerk early. They can tell you required forms, fees, and local practice for renunciation forms and notices.
• Document communications. Keep copies of emails, texts, and letters showing that you asked the uncle to renounce and his responses or lack of response.
• Offer solutions to his concerns (bond, compensation arrangement, limited duties). Practical concessions can resolve refusals without court battles.
• Be ready to request a hearing. If the uncle objects, the court will resolve competing claims at a hearing—have evidence of why you should be appointed.
• If obstruction occurs (hidden assets, interference), move quickly to protect estate assets—ask the court for temporary appointment or injunctive relief.
• Consider mediation. Courts often encourage alternative dispute resolution to avoid prolonged contests among family members.
• When in doubt, consult a Kentucky probate attorney. A lawyer can prepare pleadings, advise on local judges’ preferences, and represent you at hearings.