Detailed answer — how things work in Louisiana and what you can do

What a “renunciation” is: In succession practice, an heir or a person nominated in a will can sign a written renunciation (a formal statement that they decline to serve as executor/administrator or decline their share). In Louisiana, renunciations and acceptance of appointment are filed in the succession record so the court knows who will serve. A signature is a common way to record renunciation, but a refusal to sign does not necessarily block the court from moving forward.

Step 1 — Identify the role the uncle plays

There are three common scenarios:

• The will names the uncle as testamentary executor and you as an alternate or are asking the court to appoint you instead — if the named executor declines, the court will proceed to appoint a suitable person;
• The uncle is an intestate heir who would have priority to serve — but if he refuses to act, the court can appoint another qualified person;
• The uncle is asked to sign a renunciation of an inheritance share (separate from appointment to serve) — refusal to renounce an inheritance share does not necessarily stop appointment of a personal representative.

Step 2 — Try simple steps first

Before asking the court to act, try these low-cost approaches:

• Explain the duties, bond options, and limited powers of a personal representative so he understands there is no unlimited risk;
• Offer to provide a bond or co-representative if that will ease concerns;
• Offer a written statement you will not make distributions until heirs receive copies of inventories and accountings;
• Ask for a written statement of refusal or a notarized affidavit if he still won’t sign the formal renunciation—this document can be filed with the court as proof of refusal.

Step 3 — File the succession petition and present the refusal to the court

If negotiation fails, you or another interested person can open the succession (file a petition to open succession) in the appropriate district court where the decedent lived. When you file you should:

• Attach the will (if there is one), certified death certificate, and a list of heirs and their addresses when known;
• Attach any written renunciation your uncle did provide or an affidavit stating he refused to sign;
• Ask the court to appoint you as succession representative (executor or administrator) and explain why you are qualified and why the uncle’s refusal should not prevent appointment.

The court will give notice to interested persons. If the uncle refuses to sign a renunciation but also will not appear or assert a claim to be appointed, the judge typically looks at priorities, qualifications, and the best interests of the estate when deciding whom to appoint.

Step 4 — How the court can resolve a refusal

Common court responses include:

• Accepting an affidavit or other evidence of refusal and appointing an alternate applicant;
• Finding that the uncle’s refusal does not block appointment of a different qualified person under succession rules and the court’s equitable powers;
• Holding a hearing where the uncle can explain his reasons; if the uncle is unwilling or unable to serve, the court will appoint someone else;
• If the uncle’s refusal is part of a dispute (e.g., contesting a will), the court may set hearings or require bond and protections before appointing a representative.

What to bring to court and what evidence helps

Bring at a minimum:

• A certified death certificate;
• The original or a certified copy of the will (if any);
• Copies of any written renunciations, affidavits of refusal, emails or letters showing the uncle’s refusal;
• A proposed order and proposed oath and bond (if required) for you as the representative;
• A short explanation of why the court should appoint you (relationship to the decedent, qualifications, the uncle’s refusal or unavailability).

When the uncle’s conduct may create other remedies

If the uncle’s refusal is a tactic to obstruct administration or to preserve assets improperly, the court has powers to protect the estate (require accounting, freeze distributions, remove obstructionist parties, appoint a curator). If there is an immediate risk to estate property, ask the court for temporary protective orders.

Where to find the Louisiana statutes and local rules

Succession law in Louisiana is governed by the Louisiana Civil Code and the Louisiana Code of Civil Procedure. The Louisiana Legislature’s website contains searchable texts of those laws and is the official source for statutes and civil-code articles: https://legis.la.gov/. For practical court filing rules check the district court clerk’s website for the parish where the decedent lived and the local succession practice guide for that court.

Helpful Hints

• Do not delay opening the succession. Time-sensitive steps (creditor notices, protection of property) can be important even if the appointment is disputed.
• Get any refusal in writing. A signed affidavit from the uncle that he declines to serve is often enough for the judge and avoids extra hearings.
• If the uncle claims concerns about liability, offer to be bonded and to provide inventory and accounting to heirs—this often removes objections.
• Keep a clear paper trail: emails, certified mail receipts, and affidavits help the court understand who agreed or refused and why.
• Prepare a short, plain motion or petition for the judge describing the problem and asking for appointment; judges deal with these disputes regularly and will often resolve them quickly at a short hearing.
• If you expect a will contest or significant disagreement between heirs, consider hiring a succession attorney quickly to avoid mistakes in pleadings or missed deadlines.
• Remember that appointed representatives have duties (inventory, pay creditors, account to heirs). Showing the court you understand those duties and will comply can help your chances of appointment.