Detailed answer — step-by-step under New Jersey law

This is a general overview of your options in New Jersey. It is not legal advice. If you need help with court filings or to resolve a dispute about appointment, talk to a New Jersey probate attorney or the county surrogate.

1. Understand why the signature is requested

If a will names your uncle as executor, the court normally will not appoint a substitute person to serve while the named executor is willing and able to serve. A formal written renunciation from the named executor makes the position officially vacant and clears the way for the next-nominated person or for appointment of a different personal representative. Many counties accept a simple written renunciation filed with the surrogate; others provide a form. Check the county surrogate’s office for local practice.

2. Try voluntary solutions first

Before going to court, try these practical steps:

• Talk to your uncle about why he is refusing. He may fear liability, time, or cost. Explaining duties and protections (including bond, indemnity, and the ability to hire an attorney) may change his mind.
• Offer to have an attorney or the county surrogate prepare a short renunciation form for him. A standard, signed renunciation is often enough; a notary may be required.
• If he is worried about liability, offer a written indemnity or explain that the court can require a bond or permit hiring professionals so personal liability is limited.
• If he cannot sign in person because of health or location, suggest remote notarization options or an affidavit executed before a notary where permitted by county practice.

3. If your uncle still refuses: petition the surrogate (court) for appointment

If you cannot obtain a voluntary renunciation, you can ask the county surrogate or the probate court to appoint someone else. Typical paths in New Jersey include:

• If the will names one or more alternate executors, ask the surrogate to appoint the next-named person. The surrogate can issue letters to the next willing person without the first named executor’s renunciation if the court finds the first cannot or will not qualify.
• If the will names no alternate or no one else will serve, a close heir or beneficiary can petition the surrogate to be appointed administrator cum testamento annexo (administrator with the will annexed) so the estate can be administered under the will.
• If there is no will, intestate heirs may petition for letters of administration. The surrogate follows statutory priority rules in deciding who should be appointed.

The surrogate will review the petition, the will (if any), and any evidence that the named executor refuses or is unable to serve. The court may set a short hearing. If the surrogate finds the named executor has declined or cannot serve, the court will appoint the proper person and issue letters of administration or letters testamentary.

4. Evidence the court accepts instead of a signed renunciation

The court can accept other proof of refusal: a sworn affidavit, a written statement, or testimony at a court hearing that the named executor declines to act. You (or your lawyer) can file a petition attaching any such evidence and ask for appointment.

5. Time, costs, and potential objections

Expect a short delay and modest filing fees. If your uncle objects to your appointment, the surrogate will schedule a hearing and consider evidence. If the dispute becomes contested, litigation can increase cost and time; you may want counsel early.

6. When to hire an attorney

Consider hiring a New Jersey probate attorney if:

• Your uncle actively challenges appointment or claims conflicts.
• There are significant assets, complex tax or creditor issues, or potential family disputes.
• You need help preparing the petition, attending a hearing, or negotiating a renunciation or indemnity agreement.

Practical example (hypothetical)

Mary’s uncle was named executor in her aunt’s will, but he refuses to sign a renunciation so Mary can qualify. Mary first called him, explained the duties and that the county surrogate can require a bond. He still refused. Mary then filed a petition with the county surrogate attaching a short affidavit from the uncle stating he declines to serve. The surrogate accepted the affidavit, found a vacancy, and issued letters to Mary as administrator with the will annexed.

Where to look for official New Jersey guidance and forms

• New Jersey Courts — Wills, Estates & Probate self-help and local surrogate information: https://www.njcourts.gov/selfhelp/wills-estates-probate.html
• New Jersey Legislature (statutes governing administration of estates appear in Title 3B): https://www.njleg.state.nj.us/
• County surrogate’s office — check your county surrogate for local instructions and any required renunciation forms (county court pages are listed on the NJ Courts site above).

Helpful Hints

• Confirm whether the will names an alternate executor. If so, that person normally qualifies next.
• Call the county surrogate’s office early to learn local form and filing requirements.
• Bring the original will, death certificate, IDs for parties, and a list of heirs and beneficiaries when you file.
• Ask whether the county accepts a simple signed renunciation form or needs a notarized affidavit.
• If the named executor fears liability, explain that the court can require a bond or permit hiring professionals; consider offering a written indemnity.
• If the named executor is incapacitated or unavailable, the court can appoint a guardian or treat the position as vacant after proof of incapacity.
• Keep communications courteous and documented. If a conversation persuades the uncle to renounce, get a signed written renunciation rather than relying on verbal agreement.
• If things become contested, get an attorney experienced in New Jersey probate to avoid procedural errors and to represent you at any hearing.