Can you move forward if a relative refuses to sign a renunciation so you can serve as personal representative? — Pennsylvania guidance

Quick answer: Yes — you have options. In Pennsylvania the court and the Register of Wills expect renunciations in many situations, but an interested person who wants to serve can usually petition the court even if a higher‑priority relative refuses to sign a renunciation. The right next step depends on whether the estate has a will, the reason your uncle won’t sign, and practical local rules. This article explains common paths, practical steps, and when to ask the court to decide.

How appointment priority usually works in Pennsylvania

Pennsylvania handles appointment of personal representatives under the Decedents, Estates and Fiduciaries provisions in Title 20 of the Pennsylvania Consolidated Statutes. The Register of Wills or Orphans’ Court normally follows a priority list (person named in the will, then closest next of kin) when appointing a representative. See Title 20, Decedents, Estates and Fiduciaries for governing provisions: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

What a renunciation is and why it matters

A renunciation is a written, signed statement by a person entitled to appointment that they do not wish to serve. When someone higher in the priority list signs a renunciation, the next qualified person can be appointed without delay. Many counties require a formal, filed renunciation so the Register of Wills knows the higher‑priority person declined.

Practical steps if your uncle refuses to sign

1. Try a clear, calm conversation first. Explain the duties (they may be unfamiliar or worried about liability). Offer to prepare a draft renunciation form for his signature and explain how filing works.
2. Offer alternatives to signing now. For example, ask whether he will sign if indemnified by you, or if he will sign a limited renunciation or a statement consenting to you serving instead of a formal renunciation.
3. Check for a will or named executor. If the decedent named you as executor in a will, bring the will to the Register of Wills; the will may control appointment even if a relative otherwise has priority.
4. Contact the county Register of Wills / Orphans’ Court clerk. Ask what their local practice and forms are. Many county Register of Wills offices post renunciation forms and instructions. The Pennsylvania courts provide local office information here: Register of Wills (PA Courts).
5. If he still refuses, file a petition for appointment. You can petition the Register of Wills or the Orphans’ Court to appoint you as administrator/personal representative. When you petition, the court considers whether the higher‑priority person is unavailable, unwilling, incompetent, or otherwise unfit. If the court finds that your uncle is unwilling or that his refusal is obstructive, it can appoint a different qualified person.

Common legal grounds the court will consider

The court will weigh several practical and legal factors. Typical considerations include:

• Is the uncle available and competent? If he is incapacitated or cannot be located, the court may skip him.
• Is he actually willing to serve? Refusal to take on duties, failure to appear, or explicit statements of unwillingness can support appointment of someone else.
• Is there a will naming an executor? A valid named executor generally has priority unless they decline or are disqualified.
• Does the uncle have conflicts or disqualifying issues (felony conviction, lack of bond, creditor status, etc.)? Those factors affect qualification.

Typical filings and what you should prepare

When you go to file a petition, be ready with:

• Certified death certificate.
• Original will (if any).
• A proposed petition for letters of administration / letters testamentary and any local forms required by the Register of Wills.
• Evidence that your uncle refused to sign or is otherwise unavailable (copies of correspondence, sworn statements, or an affidavit summarizing attempts to obtain a renunciation).

What the court can do

The court can:

• Appoint you despite the uncle’s non‑cooperation if the court finds appointment appropriate.
• Set a hearing and require the uncle to appear and explain his refusal.
• Require bond, conditions, or supervision if it appoints someone the uncle objects to.

When to get a lawyer

Consult an attorney if:

• Your uncle claims legal reasons for refusing (e.g., he says he is the sole heir or contests a will).
• There is significant estate property at stake or disputes among family members.
• The uncle’s refusal escalates to threats, obstruction, or litigation.

Helpful Hints

• Document every attempt to obtain the renunciation: dates, calls, emails, letters, and visits. The court will value a clear record.
• Ask the Register of Wills what their local renunciation form looks like — counties often differ. Filing a correct renunciation form speeds the process.
• If the estate is small, ask whether your county has a simplified or summary probate process that avoids some formal renunciation steps.
• Be prepared to post bond if the court requires it for a person appointed over others’ objections.
• Keep communications civil. Courts dislike family conflict that wastes estate assets.

Key resource: Pennsylvania Consolidated Statutes, Title 20 (Decedents, Estates and Fiduciaries): https://www.legis.state.pa.us/…/ttl=20. For local procedures and forms, contact your county Register of Wills or Orphans’ Court clerk: https://www.pacourts.us/learn/courts/register-of-wills.

Disclaimer: This article is for general information only and does not constitute legal advice. It summarizes common Pennsylvania practices but does not replace consultation with a licensed Pennsylvania attorney who can evaluate your specific facts and represent you in court.