Detailed Answer — What happens and the steps to take

When a parent dies leaving a will that names a particular person as executor (also called a personal representative), Ohio probate law gives that named person the first chance to serve. If that person refuses or is unable to serve, the court will appoint another suitable person. The usual pathway is:

1. Confirm the refusal or inability to serve. If the named executor (your sibling) clearly refuses, ask them to put that refusal in writing and, if possible, file it with the probate court. A written renunciation speeds probate and avoids the court having to track down the person and the reason they are not serving.
2. Check the will for an alternate executor. Many wills name a first and alternate executor. If an alternate is named, that person has the next claim to appointment. If no alternate exists, the court moves to the statutory priority list for appointment.
3. File the will and a petition with the probate court. Bring the original will (or a copy if the original is lost), the decedent’s death certificate, and a petition to admit the will to probate and to issue letters. If the named executor declines, you or another interested person can ask the court to issue letters of administration with the will annexed (often called administration “with the will annexed” or similar), or request appointment as administrator/representative if you are willing to serve.
4. Court considers priority and suitability. If no executor accepts, Ohio law and practice allow the court to appoint someone who is a beneficiary, the decedent’s spouse, or another suitable person. The court will consider whether the proposed appointee is competent, over 18, and able to perform fiduciary duties. If multiple interested people apply, the court decides based on the circumstances and statutory factors.
5. Bond and waivers. The will sometimes waives the bond requirement for a named executor. Whether a successor can use the same waiver depends on how the will is written and the court’s view. If the will does not waive bond for whoever the court appoints, the court may require a bond (insurance protecting the estate) or may accept a waiver from heirs/beneficiaries if permitted.
6. Notice and timing. After you file a petition, the probate court gives required notice to interested persons and allows time for objections. If there are no valid objections, the court typically issues letters appointing the administrator or personal representative. Timing varies by county and complexity, but routine appointments often occur within a few weeks to a few months.

Key Ohio law sources and general probate information can be found on the Ohio Revised Code and the Ohio courts’ probate resources. For an overview you can start with the Ohio Revised Code chapters addressing wills and probate processes (for example, see Ohio Revised Code Chapter 2107 on wills and Chapter 2113 on descent and distribution):

• Ohio Revised Code, Chapter 2107 (Wills)
• Ohio Revised Code, Chapter 2113 (Descent and Distribution)
• Ohio Supreme Court — Probate Court Handbook and resources

Because local probate court procedures and required forms vary by county, the court clerk’s office where your parent lived is the practical place to start. The clerk can confirm what paperwork is required to open the estate and to seek appointment. If your sibling hasn’t signed a written renunciation, the court will treat them as having the first right to serve until they formally decline or do not appear; filing a written renunciation shortens delay.

Common scenarios

Here are a few typical fact patterns and how the court usually handles them:

• Named executor refuses in writing: File the will and that renunciation. If an alternate is named, the court will usually appoint the alternate. If no alternate is named, another interested person (spouse, beneficiary, or next of kin) can petition for appointment.
• Named executor is unavailable or incompetent: The court will deny letters to someone who cannot perform duties and will appoint a suitable person. If the named executor is incapacitated, a conservator or guardian appointment may be relevant.
• No will or no willing executor: Appointment follows intestacy priority; a close family member or other suitable person may be appointed as administrator.

Practical documents you should prepare

• Original will (if available) or certified copy.
• Death certificate.
• Your photo ID and proof of your relationship to the decedent (if available).
• A proposed application/petition to admit the will to probate and for appointment (your probate court may have forms).
• A written renunciation from the named executor if you can obtain it.

If anyone contests appointment (for example, someone objects that you are not suitable), the court may hold a hearing and evaluate testimony and evidence before deciding who should serve. Consider retaining counsel if disputes or complicated assets exist.

Helpful Hints

• Ask the named executor to sign a written, dated renunciation and deliver it to the probate court. This usually speeds appointment of a successor.
• Look for an alternate executor named in the will—appointing that person is the simplest route.
• Contact the probate court clerk where your parent lived for county-specific forms and fee information.
• If the will waives bond for the executor, check whether that waiver extends to whoever the court appoints; if not, be prepared to post bond or obtain insurance.
• Gather estate documentation early (bank statements, title documents, account information) so you can prepare inventories and comply with court deadlines if appointed.
• If family relationships are strained or assets are complex, talk with a probate attorney about filing and representation — a short consult can prevent costly mistakes.
• If the estate is small, ask the probate clerk whether simplified or small‑estate procedures are available in your county.