Detailed answer

This FAQ explains practical steps you can take in New Mexico when a person who has priority to serve as personal representative (for example, an uncle or other heir) will not sign a written renunciation that you need to qualify as the personal representative (PR). This is not legal advice—see full disclaimer at the end.

Key concepts under New Mexico law

• Priority for appointment: New Mexico law sets an order of priority for who may be appointed as personal representative (for example, a person nominated in the will, followed by surviving spouse, then other heirs). The court normally appoints the highest priority qualified person who will serve.
• Renunciation or waiver: Someone with higher priority may sign a written renunciation (a formal document saying they give up the right to be appointed). A signed renunciation removes that person from the line, allowing the court to appoint the next person in priority.
• Court power: If a person with priority refuses to renounce but also refuses to serve, or is unqualified, the probate court can take steps to appoint another qualified person. Which step is appropriate depends on the facts and the applicable statutes and local court rules.

For the text of New Mexico probate statutes and rules of appointment, see the New Mexico Statutes and probate resources: https://www.nmlegis.gov/Legislation/Statutes and the New Mexico courts website for probate forms and local procedures: https://www.nmcourts.gov/.

Practical steps to take if your uncle refuses to sign

1. Confirm why his signature is needed.

   Is your uncle a person with higher statutory priority (an intestate heir) or a named beneficiary who must renounce to let you serve? If a will names you as executor, a renunciation by another heir may not be needed. Get the death certificate, the will (if any), and a copy of the statute or clerk’s instructions that identify who has priority.

2. Ask for a voluntary written renunciation or a written statement refusing to serve.

   Explain the role of the personal representative and the alternatives (someone else will be appointed, additional court costs and delay). Offer the uncle a short, plain renunciation form. If he still won’t sign, ask for a short written refusal or affidavit that he declines appointment—this can sometimes substitute for an actual renunciation and will help the court.

3. Document the refusal.

   If the uncle refuses in person or by phone, follow up with a letter or email summarizing the conversation and ask him to confirm in writing. If he still refuses, make and keep detailed notes and, if possible, get any witnesses to sign an affidavit about the refusal. A documented refusal helps the court decide to appoint someone else.

4. Consider alternative probate filings.

   Depending on the estate size and whether there is a will, you may be able to use alternative procedures that avoid a full contested appointment:

   • Small‑estate affidavit or summary administration: If the estate is small, New Mexico law and courts provide procedures to collect assets without a full appointment (check the small‑estate thresholds and forms on the New Mexico courts website).
   • Petition for appointment despite refusal: File a petition for appointment with the probate court and attach evidence the priority person refuses to serve or renounce. Ask the court to find the person unwilling to serve and to appoint you instead.
5. File a formal petition to the probate court.

   If voluntary renunciation is impossible, bring a petition to the probate court requesting appointment. In that petition you should:

   • Identify the decedent and their estate.
   • List the persons with priority and their relationship to the decedent.
   • Include the will (if any) and say who is nominated in the will.
   • Attach any written renunciations or the written refusal (or an affidavit describing refusal).
   • Explain why the court should appoint you (you are qualified, available, bond offered if required, no conflicts, best interests of the estate or heirs).

   The court will review the petition and may schedule a short hearing to appoint a PR. If the uncle has clearer statutory priority and simply refuses to sign, the court often treats that as a refusal to serve and will appoint the next eligible person. Local practice varies, so the clerk’s office can explain filing requirements.

6. Show the court why the uncle is unsuitable (if that is the case).

   If the uncle is incapacitated, has a conflict of interest, is under a protective order, or otherwise legally disqualified, provide evidence (medical or judicial records, criminal records, or credible affidavits). The court can deny appointment to a disqualified person even if they have priority.

7. Consider mediation or family negotiation.

   Sometimes family dynamics make refusal emotional rather than legal. A neutral mediator or trusted family member can help resolve the concern so the uncle will either sign a renunciation or agree that you serve. This is often faster and cheaper than court litigation.

8. Hire a probate attorney if needed.

   If your uncle’s refusal creates significant delay, contested proceedings, or complex asset issues, consult a New Mexico probate attorney. An attorney can draft the petition, present evidence, and argue at hearing. If cost is a concern, many attorneys provide limited-scope help for discrete tasks (drafting a petition or attending a hearing).

What the court will consider

The probate judge will look at:

• Whether the uncle was given a meaningful chance to accept or renounce appointment;
• Documentation of any written renunciations or refusals;
• Whether the uncle is competent and qualified to serve;
• Who is best able to preserve estate assets and carry out duties (pay debts, collect assets, distribute property);
• Whether a small‑estate procedure is appropriate.

The court’s primary duty is to protect the estate and its beneficiaries; if an eligible heir simply refuses to take the role, the court can and often will appoint a willing, qualified person instead.

Where to find New Mexico forms and statute resources

• New Mexico Legislature — statutes and code navigation: https://www.nmlegis.gov/Legislation/Statutes
• New Mexico Courts — probate forms, local rules, and clerk contact information: https://www.nmcourts.gov/

When you should act quickly

Move promptly if there are immediate needs: bank access for funeral expenses, perishable property, or imminent creditor deadlines. Courts can issue limited emergency orders or temporary letters in urgent situations.

Helpful Hints

• Get the uncle’s refusal in writing if he will not sign a renunciation — a dated written declination or affidavit is valuable evidence to the court.
• Bring a certified copy of the death certificate and the original will (if any) to the probate clerk when you ask about filing.
• Ask the probate clerk for local practice tips and required forms before you file a petition — some counties have standard renunciation/waiver forms or small‑estate packets.
• Be ready to post bond if the court requires a bond for the personal representative. Offering to post an appropriate bond can remove a common objection.
• Use plain language in communications with family: explain duties, time commitment, compensation rules, and protections (PRs get paid fees subject to court approval).
• Consider a limited attorney consultation if you only need a form drafted or a petition reviewed; this is often cost effective.
• If the estate is small, ask whether a small‑estate affidavit or simplified process will avoid the need for full letters of administration.