Detailed Answer

Short answer: If your uncle refuses to sign a renunciation so you can qualify as personal representative (administrator or executor) in Ohio, you can still ask the probate court to appoint you. Ohio probate courts have procedures to handle a nominated person’s refusal or failure to qualify. Your best approach is to file the appropriate application with the probate court, document your uncle’s refusal, and ask the court to appoint you based on the order of priority under Ohio law or on other grounds the court finds appropriate.

How Ohio law treats renunciation and appointment

Ohio’s rules for administering estates and appointing personal representatives are found in the Ohio Revised Code, primarily in the statutes governing probate courts and estate administration. See Ohio Revised Code Chapter 2113 (Administration of Estates) and Chapter 2109 (Probate Courts):

• Ohio Revised Code Chapter 2113
• Ohio Revised Code Chapter 2109

Those chapters and the court rules recognize that a person who is entitled or nominated to serve as personal representative may decline or be unwilling to act. If that happens, the court may appoint the next qualified person or otherwise exercise its discretion to name a suitable administrator.

Practical steps you can take

1. Contact the probate court clerk. Ask what forms and filing fee the court requires to apply for appointment as administrator (letters of authority). Clerks can give procedural guidance, filing requirements, and notice rules.
2. Document the uncle’s refusal. Get a written statement or affidavit from the uncle saying he refuses to serve, or have him sign a formal renunciation form if he will. If he refuses to put it in writing, you can submit a sworn affidavit describing his oral refusal and, if available, any witnesses to that refusal. The court accepts evidence of an unwilling nominee.
3. File an application/petition to be appointed. Prepare and file the application for appointment as administrator (or executor if there is a will and you are a successor). Serve notice on interested parties according to local probate rules so they can object or consent.
4. Ask the court to appoint you at a hearing. When you appear, present the uncle’s written renunciation or an affidavit that he refused to serve. Explain your priority to serve (for example, you are a next-of-kin or a beneficiary) and why you are suitable. The court will decide whether to appoint you.
5. If the uncle is named in the will but refuses: If the will names your uncle as executor and he declines, the will often names an alternate. If there is no alternate or the alternate cannot serve, the probate court will appoint an administrator with will annexed (or an administrator generally) — the probate court will follow the will’s directions and statutory priority rules.
6. If the uncle actively blocks the process: If your uncle actively interferes (for example by taking estate assets, hiding property, or creating obstacles), tell the court. The court can issue orders to prevent waste or misappropriation and can appoint a temporary or emergency administrator if necessary to protect estate assets.

Order of priority and court discretion

Ohio law provides an order of priority for who may be appointed administrator when there is no qualified executor named or when a nominated person declines. The court generally tries to appoint the person with the strongest legal claim (for example spouse, children, parent, sibling, or other next-of-kin) but retains discretion to appoint another appropriate person if the highest-priority person refuses or is unsuitable. See the probate statutes for details on priority and appointment procedures: Ohio Revised Code Chapter 2113.

Alternatives to formal appointment

Depending on the estate’s makeup and value, you may be able to collect certain assets without formal letters by using simplified or small-estate procedures. Rules and thresholds vary; consult the probate clerk or statutes to see whether your situation qualifies to avoid formal administration.

When to consider legal help

Consider hiring a probate attorney if:

• The uncle is actively obstructing administration or taking estate assets.
• Multiple parties dispute who should serve.
• The estate has significant assets, complex issues, or possible creditor claims.

An attorney can prepare filings, represent you at hearings, and push for emergency court relief if the estate needs protection.

Summary

If your uncle refuses to sign a renunciation in Ohio, you are not without options. File an application with the probate court, document his refusal, ask the court to appoint you under the statutory priority rules, and seek emergency protection if the estate is at risk. The probate court has authority to appoint a qualified representative despite a refusal by a named or entitled person.

Disclaimer: This article explains general Ohio probate concepts and is educational only. It is not legal advice. For advice about your specific situation, consult a licensed Ohio probate attorney or the probate court clerk.

Helpful Hints

• Start by calling the local probate court clerk to learn the exact forms, fees, and notice requirements.
• Get a written renunciation or affidavit if your uncle will provide one — it speeds the process.
• Gather the decedent’s death certificate, will (if any), asset statements, and a list of likely heirs before filing.
• Serve notice to interested parties as required; failing to give proper notice can delay appointment or cause objections.
• If the estate contains only a few items, ask whether small-estate procedures can avoid full probate.
• If things become contentious, consider consulting a probate attorney early to protect estate assets and your rights.