Can I Become Personal Representative If a Higher-Priority Relative Refuses to Renounce?

Short answer: Under North Dakota law, you can usually ask the probate court to appoint you even if a higher-priority person (like your uncle) refuses to sign a renunciation. The court follows statutory priority rules and will resolve disputes. Your next steps are to: try to obtain a signed renunciation, file a petition for appointment and notify the interested parties, and ask the court to decide who should serve. If the refusal is based on incapacity, undue influence, or other improper reasons, the court has tools to address that. This article explains how the process works, what evidence the court wants, and practical steps you can take.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a North Dakota probate attorney.

Detailed Answer — How this works in North Dakota

1. How appointment of a personal representative generally works

North Dakota probate follows statutory priority for who may be appointed personal representative (often called executor or administrator). The court normally appoints the person with the highest priority who is willing and able to serve. A person who is entitled to appointment may formally renounce the right to serve in writing so that the court can move to the next willing person.

For North Dakota statutes on probate and personal representatives, see Title 30 of the North Dakota Century Code: https://www.legis.nd.gov/cencode/t30.

2. What happens if your uncle refuses to sign a renunciation?

Your uncle cannot block the court from appointing someone else simply by refusing to sign. The court is the decision-maker. If your uncle refuses to sign a voluntary renunciation, you can file the proper petition asking the court to appoint you. At the hearing, the court will:

• Confirm the order of priority and whether the higher-priority person is willing and able to serve;
• Consider any written renunciations or affidavits of willingness from potential appointees;
• Decide whether the refusal is valid (for example, an available, competent person can refuse) or whether there is a problem such as incapacity or undue influence that affects that person’s eligibility;
• Appoint the appropriate personal representative under statutory rules if the court finds a valid reason to decline or bypass the higher-priority person.

3. Common legal grounds the court will consider

• Is the higher-priority person competent and capable of serving? If not, the court may treat them as unavailable.
• Has the higher-priority person been disqualified under statute (criminal conviction, conflict of interest, inability to post bond, etc.)?
• Is the refusal a voluntary renunciation? If so, the written renunciation normally clears the way; if not, the court will accept testimony and evidence about the person’s intentions.
• Is there undue influence, fraud, or coercion affecting the higher-priority person? If suspected, the court can investigate and take steps to protect the estate and appoint an appropriate representative.

4. Practical steps to take now

1. Try to obtain a written renunciation. Offer to pay reasonable costs, explain the process, or use a neutral intermediary. A signed written renunciation is the fastest solution.
2. Document communications. Keep copies of letters, emails, certified mail receipts, and notes from phone calls. This creates a record the court can review.
3. File a petition for appointment. Prepare and file the probate petition in the county where the decedent lived. Serve notice on all required parties (including your uncle).
4. Ask the court for a hearing. If your uncle appears and objects, the judge will take testimony and evidence before deciding who should serve.
5. Gather supporting documents: the original will (if any), proof of death, your affidavit of willingness, background information, and any evidence about your uncle’s capacity or refusal reasons.
6. Consider a bond or waiver. If bond is required, be prepared to post it or seek a waiver if permitted under the statutes.
7. If incapacity is at issue, consider filing for a determination of incapacity or for appointment of a guardian/conservator for your uncle, but only when warranted and with proper legal advice.

5. If your uncle’s refusal stems from bad faith (undue influence, coercion, or hidden motives)

You can present evidence to the court showing why the refusal should not block appointment. The judge may appoint a different person, appoint a temporary personal representative, or order further investigation. If necessary, the court can appoint a neutral fiduciary or attorney to represent the estate while issues are sorted out.

6. Timing and likely outcomes

Probate timing varies by county and case complexity. If the refusal is straightforward (e.g., an able person simply declines), the court typically appoints the next eligible person without delay. If there is a dispute about capacity or undue influence, expect longer proceedings and possible additional filings.

What you can expect at a typical probate hearing

• The court will verify notice to interested persons.
• Parties may present affidavits, testimony, and documentary evidence.
• The judge applies statutory priority rules and decides whether to accept a written renunciation or to bypass a person who is unavailable or disqualified.
• The judge issues an order appointing a personal representative and setting bond and duties.

Key North Dakota resources

• North Dakota Century Code, Title 30 (Probate and Trust Law): https://www.legis.nd.gov/cencode/t30
• North Dakota Courts — probate self-help and forms (general): https://www.ndcourts.gov/legal-resources/self-help/probate (useful for local forms and procedural information)

When to hire an attorney

Consider hiring a North Dakota probate attorney if:

• Your uncle objects and fights the appointment;
• There are questions about capacity, undue influence, or fraud;
• The estate has significant assets or complex creditor issues;
• You need help drafting petitions, serving notice, or presenting evidence at a hearing.

Helpful Hints

• Ask for a written renunciation. A signed document from your uncle is the fastest route to appointment.
• Send communications by certified mail and keep copies to create a reliable record for the court.
• Be prepared to show you are willing and able to serve: gather references, background checks, and proof of your willingness in writing.
• If your uncle may be incapacitated, collect medical or witness statements that show his capacity, but be cautious and respect privacy — seek legal advice before initiating medical inquiries.
• Use the court’s temporary/ancillary appointment options if the estate needs an immediate fiduciary for urgent matters (paying bills, securing property).
• Expect costs—court filing fees and possibly attorney fees—so budget accordingly.
• Local court clerks can explain filing requirements but cannot give legal advice. Use a lawyer to interpret complicated disputes.

If you want, I can outline sample language for a petition to appoint a personal representative or sample wording for a written renunciation for you to discuss with a lawyer.