How to proceed when a relative refuses to renounce so you can become personal representative

This article explains, under Missouri law, what to do when a person who would need to sign a renunciation refuses to do so. It describes what a renunciation is, why it matters, and the practical and court-based steps you can take to seek appointment as personal representative. This is educational information only and not legal advice.

Detailed answer — overview and legal background

A renunciation in probate means an entitled person gives up the right to be appointed personal representative (sometimes called executor or administrator), so someone else can be appointed instead. In Missouri, estate administration and appointment of personal representatives are governed by the Missouri probate statutes, particularly the statutes governing wills and administration. For the statutes that control appointment and administration, see the Missouri Revised Statutes chapters on Wills and Administration: Chapter 473 (Wills) and Chapter 474 (Administration of Estates).

When the person with priority (for example, someone named in a will as executor or a next-of-kin in intestacy order) refuses to accept appointment, Missouri courts will not leave the estate without a representative. The basic options are: (1) obtain the written renunciation, (2) have the court accept a statement that the person refuses or is unable to serve, or (3) proceed by petitioning the probate court to appoint a different qualified person. The court’s job is to ensure the estate has a responsible representative and that the appointment follows statutory priority rules.

Common situations

• Named executor in a will refuses to act or refuses to sign a renunciation. The court can appoint an alternate qualified person if the named executor declines to serve.
• An heir or other person with priority (for intestate appointment) is unwilling to serve. The court will consider the next eligible person in the statutory order.
• The person refuses to sign but is not actively obstructive. You may be able to file a petition noting their refusal and asking the court to appoint you.

Practical steps to take

1. Try an amicable approach first. Explain duties, time commitment, and protections. Many people refuse because they fear personal liability, complexity, or costs. Offer practical solutions: you can accept appointment as an independent administrator (if available) to reduce court supervision, or agree to post bond if that helps. Prepare a short written renunciation form they can sign and take it to them for convenience.
2. Prepare the paperwork. Gather the original will (if there is one), the death certificate, a list of heirs, and a proposed petition for appointment. Missouri probate courts will expect a petition to open probate or to appoint a personal representative. If someone has already signed a renunciation, file that with the court.
3. If the person simply will not sign, file a petition with the probate court. File a petition for probate (if applicable) or for appointment of the personal representative in the county where the decedent lived. Explain in your petition that the person with priority has refused to accept appointment or sign a renunciation. Ask the court to appoint you (or another qualified person) under the statutory priority rules.
4. Ask the court to accept evidence of refusal or inability. If the potential appointee refuses to sign, the judge can accept their written statement, testimony, or other evidence indicating refusal or inability to serve and then appoint the next qualified person. The court may also consider whether the refusing person had abandoned the position or is otherwise incapacitated.
5. Handle contested situations. If the relative not only refuses but actively contests your appointment (for example, by seeking appointment themselves or by filing objections), expect a court hearing. Bring evidence showing your qualifications, your willingness to serve, and (if relevant) the other person’s refusal or unsuitability.
6. Get legal help when needed. If the refusal leads to a dispute, or if the estate is complex, consult a probate attorney. An attorney can draft the petition, prepare evidence, and represent you at the hearing.

What the court will consider

The probate court’s primary goal is to appoint a suitable, qualified person to administer the estate efficiently and properly. The court will look at:

• Statutory priority (who has the right to be appointed first).
• Whether the person entitled to priority is willing and able to serve.
• The qualifications, availability, and suitability of the proposed personal representative.
• Whether bonds or waivers of bond have been filed or are appropriate.

Missouri’s statutes give the court discretion to appoint someone else if a higher-priority person refuses to serve or is unsuitable. See the Administration of Estates statutes for rules on appointment and letters of administration: Mo. Rev. Stat. ch. 474.

Practical examples (hypotheticals)

Example A — Named executor refuses to sign: A decedent’s will names a niece as executor, but the niece refuses to serve. You are the next willing heir. You file the will and a petition for probate asking the court to accept the niece’s refusal (documented in a signed statement or by her failure to act after notice). The court appoints you as substitute personal representative.

Example B — Intestate heir with priority refuses: There is no will. The decedent’s sibling is first in priority but declines to serve. The probate court will move to the next eligible heir and may appoint you if you petition and demonstrate your willingness and qualifications.

Documents you will likely need

• Original will (if any).
• Death certificate.
• Signed renunciation form (if obtainable) or statements/evidence of refusal.
• Petition for probate or appointment (filed in the probate division of the circuit court where the decedent was domiciled).
• Proposed order or letters of administration.
• Information about heirs and assets.

Timing and urgency

Act promptly. Probate deadlines and the possibility that others may petition for appointment mean you should file as soon as practicable. If someone else files first, a dispute could follow, so a well-drafted petition and quick filings help protect your position.

When to get an attorney

If the refusing relative is obstructive, if there is a contest, or if the estate is large or involves complex assets, hire a probate attorney. An attorney can help prepare the petition, represent you at hearings, and advise on bond and fiduciary duties. For basic matters, many courts offer procedural guidance, but legal counsel is advisable when disputes arise.

For statutory guidance on appointment and administration, consult the Missouri Revised Statutes, Chapters 473 and 474: Mo. Rev. Stat. ch. 473 and Mo. Rev. Stat. ch. 474.

Helpful Hints

• Always start with a polite conversation. Many refusals come from fear or misunderstanding.
• Bring a ready-to-sign written renunciation and explain that signing simply allows the court to appoint someone else; it is a short document and can be filed with the court quickly.
• If you cannot obtain a signed renunciation, document the refusal (emails, voicemail, witness statements) and file your petition with that evidence.
• Check local court rules for the county probate division where the decedent lived — procedures and forms vary by county.
• Be prepared to post bond if required. Sometimes heirs will sign waivers of bond to reduce administrative costs and requirements.
• Keep an organized folder of all probate filings, correspondence, and notices to simplify the court process and any hearings.
• Consider limited-scope or brief legal consultations if full representation is not affordable; many attorneys offer unbundled services for discrete tasks.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws change and every case is different. Consult a licensed Missouri attorney for advice about your specific situation.