What to do if a relative refuses to sign a renunciation so you can serve as personal representative in Maryland

Short answer: Try to get a signed, notarized renunciation; if that fails, file for appointment with the Register of Wills or the Orphans’ Court and ask the court to appoint you under Maryland probate rules. If the relative is incapacitated or unreasonable, the court can sometimes dispense with the renunciation or resolve the dispute. This article explains the practical steps, legal options under Maryland law, and next steps you can take.

Detailed answer — how renunciation and appointment work in Maryland and what to do when someone refuses

When someone who has priority to be appointed personal representative (also called an administrator or executor) signs a valid renunciation, that person formally gives up the right to serve so another person (for example, you) can be appointed instead. A properly completed renunciation is usually quick, simple, and avoids contested hearings. In Maryland, probate and appointment matters are handled by the county Register of Wills and the Orphans’ Court. See the Maryland Courts Orphans’ Court information: https://www.mdcourts.gov/orphans.

If the person who is ahead of you in priority (in your example, your uncle) refuses to sign a renunciation, here are the steps and legal paths you can pursue:

1. Confirm priority and the need for a renunciation

Maryland law sets a priority list for appointment of a personal representative. If someone higher in priority is willing and qualified, the court will generally appoint that person. That means a signed renunciation from the person with higher priority is often necessary to allow the next-in-line person to be appointed. Consult the Register of Wills in the county where probate will be opened to confirm the local process. (See Register of Wills / Orphans’ Court resources: https://www.mdcourts.gov/clerks/orphans.)

2. Ask for a written, notarized renunciation

• Explain what signing means: a renunciation is a written document where the person gives up the right to be appointed. It is not an admission of wrongdoing and does not change estate shares.
• Provide the renunciation form or draft: many Maryland clerks or Register of Wills offices have a simple renunciation form you can bring for signature. Using a standard form and having the signature notarized makes the document easier for the court to accept.

3. If the person refuses, try persuasion and problem-solving

• Offer explanations: the person may worry about liability, time, or cost. Explain that beneficiaries can request a bond waiver or limit liability, or that you will handle daily duties while they hold the title, and that the court can require a bond only in some cases.
• Offer a limited appointment alternative: sometimes people will allow a short-term or limited-scope appointment, or they will sign after being reassured about bonding, compensation, or professional assistance.

4. File for appointment without the renunciation (petition the Register of Wills / Orphans’ Court)

If persuasion fails, you can still pursue appointment through the court. You must file the appropriate forms with the Register of Wills (or the Orphans’ Court, depending on county practice). The court will review who is entitled to appointment under Maryland law and may hold a hearing if there is a dispute. Typical outcomes include:

• The court appoints the person with priority who refuses (if the court finds they are entitled and willing).
• If the court finds the higher-priority person has abandoned the right or is unfit / unable to serve (for example: incapacitated, incompetent, or not participating), the court may appoint the next willing and qualified person — potentially you.
• If the higher-priority person actively contests, the court will decide based on statutory priority, the facts, and the best administration of the estate.

Because practices vary by county, contact the Register of Wills to learn local filing steps. Maryland Courts general Orphans’ Court information: https://www.mdcourts.gov/orphans.

5. If the refusing person is incapacitated, obtain medical evidence and ask the court to proceed

If your uncle is mentally or physically unable to understand or perform duties (incapacity), the court can treat him as unable to act and skip him in the priority list. You will typically need reliable evidence of incapacity: medical records, doctor statements, or testimony. The court can then appoint another qualified person.

6. If the refusal is strategic or obstructive, the court can resolve disputes

The Orphans’ Court has authority to decide contested appointment matters. A relative who refuses to renounce but does not actively seek letters or perform duties may be treated as declining. If there is misconduct, you (or other beneficiaries) can ask the court to remove or disqualify the person. The court may also require a bond or impose conditions if it appoints that person.

7. Consider alternatives: professional fiduciary or attorney appointment

If family conflict prevents a reasonable appointment, beneficiaries can ask the court to appoint a neutral professional fiduciary or an attorney to administer the estate. This avoids family fights but increases cost, which the estate pays. The court will weigh the estate size and conflict when considering this option.

8. Practical evidence and documentation you should gather

• Copies of death certificate and will (if any).
• A list of potential heirs/next-of-kin and their contact information.
• Any communications asking your uncle to renounce (emails, text messages, letters).
• Medical evidence if incapacity is an issue.
• Documentation showing you are willing and qualified (resume of relevant experience, or statement of willingness to post bond if needed).

Key Maryland legal resources and rules

Maryland courts handle probate and appointment through the Register of Wills and Orphans’ Court. For general guidance and local contact information, see Maryland Courts — Orphans’ Courts: https://www.mdcourts.gov/orphans. For Register of Wills information (forms, local office links), see: https://www.mdcourts.gov/clerks/registerofwills.

If you want to review the statutory framework for estates and fiduciary appointment, consult the Maryland Code, Estates & Trusts Article on the Maryland General Assembly site: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est.

When you should consult an attorney

• If the relative contests appointment or files paperwork to block you.
• If there are allegations of incapacity, undue influence, or fraud.
• If the estate is large, complex, or involves business interests or disputes among heirs.
• If you expect litigation over appointment, removal, or estate administration.

An attorney with Maryland probate experience can file petitions, prepare evidence of incapacity, represent you at hearings, and negotiate resolutions with other relatives.

Helpful Hints

• Start by asking for a simple, notarized renunciation form — many disputes end quickly with clear explanation and a form in hand.
• Be calm and document communications. Keep written records of your requests and any refusals.
• Contact your county Register of Wills early to learn local forms, fees, and filing procedures.
• If your uncle is worried about personal liability, explain bonding options and that many personal representatives limit personal exposure by obtaining a court-ordered bond or accounting to beneficiaries.
• If family conflict is high, consider proposing a neutral professional fiduciary to the beneficiaries and court to reduce tension.
• Collect medical documentation quickly if capacity is an issue; delays can make resolving the matter harder.
• Ask if beneficiaries are willing to support your appointment in writing — consistent beneficiary support can help persuade the court.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. For advice about your situation, contact a Maryland probate attorney or the Register of Wills in the county where the decedent lived.