Kentucky: Becoming an Executor When the Named Executor Refuses to Serve

Short overview: If a parent named one child as executor in a will but that child refuses to serve, Kentucky probate courts will allow an alternate named in the will to serve or will appoint a qualified person (often another child or next-of-kin) as personal representative. You can often become the appointed executor, but you must follow the court process and file the necessary documents.

How appointment works in Kentucky

When someone dies leaving a valid will, the person named as executor (the “named executor”) has the primary right to serve as the decedent’s personal representative. If the named executor declines, is unavailable, incompetent, unwilling, or dies before qualifying, the court looks next to any alternate executor named in the will. If the will names no alternate or the alternate cannot serve, the court will appoint a suitable person under Kentucky law.

Kentucky law governing wills and probate is codified in the Kentucky Revised Statutes (KRS). For background and to look up specific provisions, see the Kentucky statutes search page: https://apps.legislature.ky.gov/statutes/. For practical court guidance and local forms, see the Kentucky Court of Justice pages: https://courts.ky.gov/.

Common scenarios and what to do

• The will names you as an alternate executor: If the will expressly names an alternate and the first-named executor refuses, the alternate typically petitions the probate court for Letters Testamentary (the court authorization to act). You must file the will with the probate court in the county where your parent lived and file the petition to admit the will to probate and issue Letters Testamentary to you as alternate.
• The will does not name an alternate, but the named executor refuses: If no alternate exists, you can ask the court to appoint you as personal representative (often called an administrator with will annexed). The court will consider the heirs’ preferences and any statutory priority rules in making the appointment.
• The named executor refuses by written renunciation: The fastest route is if the named executor signs a renunciation or affidavit stating they refuse to act. Courts accept a renunciation so the court can appoint the alternate or another qualified person without delay.
• The named executor refuses but won’t sign a renunciation: If the named executor will not sign anything, you can still file a petition asking the court to appoint you. The court will set a hearing and decide whether the named executor’s refusal is effective and who should be appointed. The court can appoint someone else even if the originally named executor is present but declines.

Step-by-step practical steps you can follow

1. Locate the original will. The court needs the original signed will.
2. Talk to the named executor. Ask them to sign a written renunciation if they truly refuse. That speeds the process. Many counties accept a simple sworn renunciation or a standard form.
3. Prepare and file the probate petition. File the will and a Petition for Probate and for Letters Testamentary (or for Letters of Administration with Will Annexed if you are not named but ask to serve). File in the circuit court in the county where your parent lived. The court clerk’s office can provide local filing requirements and forms.
4. Give notice to interested parties. Kentucky procedures generally require notice to heirs and interested persons. The court clerk will direct mailing or publication as required.
5. Attend any hearing. If an interested person objects, the court will schedule a hearing. Present evidence that the named executor refuses and that you are ready and qualified to serve.
6. Obtain Letters (court authority to act). If the court approves, it issues Letters Testamentary or Letters of Administration, and you can act officially as personal representative.
7. Post bond if required. The court may require a fiduciary bond unless the will waives it and the court allows the waiver. Be prepared for bond paperwork and costs.

Documents and proofs to prepare

• Original will and any codicils
• Death certificate (official certified copy)
• Renunciation signed by the first-named executor (if available)
• Petition for probate and request for Letters
• Affidavit of heirs or family tree showing relationship
• Any evidence showing the named executor is unable or unwilling to serve (if disputed)

Timing and likely costs

Filing the will and getting Letters typically takes a few weeks if the named executor signs a renunciation and no one objects. If the named executor refuses to cooperate or heirs contest appointment, the process can take longer—months in some cases. Court filing fees and bond premiums vary by county and by the estate’s size. Contact the circuit court clerk’s office in the decedent’s county for local fee schedules and forms.

What the court will consider when deciding who to appoint

The court will follow the will’s directions first. If the named executor declines, the court gives weight to any alternate named in the will. If no suitable person is named, the court will consider the heirs’ preferences, the decedent’s apparent intent, and who is best able to carry out duties (availability, age, criminal history, conflicts of interest). The court’s primary duty is to appoint a responsible fiduciary for the benefit of the estate and heirs.

If someone objects or you face a dispute

Objections commonly arise over fitness, alleged misconduct, or family conflicts. If someone contests appointment, you will need evidence showing you are fit to serve and that the named executor refuses or is unfit. Consider seeking legal counsel if a dispute becomes serious—an attorney can represent you at hearings and help protect the estate and your rights.

How to proceed now

1. Call the circuit court clerk where your parent lived and ask for their probate intake packet and a checklist of required documents.
2. Try to obtain a written renunciation by the first-named executor.
3. Prepare the petition to admit the will and request Letters; the clerk can often provide form templates.
4. Consider consulting a probate attorney if the estate is large, the assets are complex, or disputes are likely.

Important reminder: This article explains the typical path in Kentucky, but each case can differ. The court has discretion in administration and appointment.