Understanding your options when an heir refuses to sign a renunciation in Tennessee probate

Short answer: If your uncle (an heir) refuses to sign a renunciation that would allow you to be appointed personal representative, you usually cannot force a private party to sign. Instead, you must proceed through the probate court—either by filing for appointment despite his refusal (so the court applies statutory priority and decides), seeking a temporary administrator for urgent needs, or asking the court to find the uncle unavailable or unsuitable. Each route uses Tennessee probate rules and a local probate judge’s discretion.

Detailed answer — steps, law pointers, and likely court actions (Tennessee)

This section explains how renunciation and appointment of a personal representative typically work in Tennessee and what to do when an heir will not renounce.

1) What a renunciation does (and why you might need one)

A renunciation is a written statement from someone who has the legal right to be appointed personal representative saying they give up that right. When a decedent’s will names someone, or when intestacy rules give priority to certain relatives, a person with higher priority can renounce so a person with lower priority (for example, you) becomes eligible for appointment without contest. If a priority person refuses to renounce, the probate court must consider who has statutory priority and whether that person wants appointment.

2) Probate priority and the court’s role

Probate courts follow Tennessee law to determine who is entitled to appointment. If the uncle is a person with priority and refuses to renounce, he may claim the appointment. The court will consider whether he is legally qualified (the court may disqualify someone if they are ineligible, incapacitated, a convicted felon under certain circumstances, or otherwise unfit). If the uncle is available and legally qualified, the court may appoint him unless he voluntarily declines or the court finds cause not to appoint him.

3) Practical procedures to try if the uncle refuses

• File a petition for appointment anyway. Go to the probate court in the county where the decedent lived or where the estate will be administered. File the required petition to be appointed personal representative (or to open probate if there is a will). The court will notify interested persons, including your uncle, and hold a hearing if needed. If the uncle contests, you will have to show why the court should appoint you (for example, the will names you as alternate, or the uncle is unavailable or unfit).
• Ask for temporary or emergency administration. If there are urgent estate needs (paying bills, securing property), petition the court for temporary administration. The court can appoint a temporary personal representative even before final appointment if immediate action is necessary.
• Show the court the uncle is unavailable or unfit. If the uncle is out of state, incapacitated, incarcerated, or otherwise unable to serve, present affidavits or proof to the court. The judge can then decline to appoint him and instead appoint someone else who is willing and able to serve.
• Negotiate or offer a compromise. Sometimes an agreement among heirs avoids court battles: ask the uncle to cooperate in a compromise (co-personal representatives, you serve with bond, or specific responsibilities). Put any agreement in writing and submit to the court.
• Request the court resolve priority disputes. If multiple people claim the right, the probate court resolves priority and fitness. Be prepared to provide evidence (relationship to decedent, willingness to serve, residency, bonds or waivers, and background).

4) What the court is likely to consider

The probate judge may consider:

• Statutory priority among heirs or named fiduciaries.
• Whether the uncle has valid reasons to decline (e.g., health or lack of interest).
• Whether the uncle is disqualified or unfit.
• The best interests of the estate and creditors.
• Whether temporary administration is needed to protect assets.

5) Evidence and documentation you should prepare

• Certified copy of the decedent’s death certificate.
• Any will and related documents (original if possible).
• A proposed petition for appointment (available from the local probate clerk or court website).
• Affidavits showing the uncle’s unavailability or incapacity, if applicable.
• List of estate assets and immediate needs (bills, property at risk).

6) Deadlines, notices, and bonds

Probate procedures require giving notice to interested persons and may require a bond from the appointed personal representative unless waived. Follow the local probate court’s rules for service and filing. If someone contests appointment, the court sets scheduling for hearings—act promptly to protect estate assets.

7) Where Tennessee law addresses probate procedure

Tennessee probate rules and the statutes governing appointment, renunciation, and administration are part of the Tennessee Code and local probate court procedures. For a starting point, see the Tennessee Code and the state courts website for probate information and forms:

• Tennessee Code (search statutes and titles): https://www.capitol.tn.gov/legislation/statutes.html
• Tennessee Courts – general information and local court links: https://www.tncourts.gov/

When to get a Tennessee probate attorney

Hire or consult a Tennessee probate attorney if:

• The uncle contests appointment or refuses to cooperate and there are significant assets or creditor issues.
• There are allegations of incapacity, fraud, or wrongdoing by any interested person.
• You need a temporary administrator quickly to protect estate property.
• Distribution is likely to be contested or complex (real estate, business interests, debts).

Helpful Hints

• Act quickly: probate courts prioritize protecting assets and creditors—delays can harm the estate.
• Document everything: keep written records of refusals, communications, and any offers to cooperate.
• Use temporary administration if assets need immediate protection even while appointment disputes continue.
• Consider mediation: heirs sometimes resolve disputes faster and cheaper outside litigated hearings.
• Check local probate clerk resources: many counties publish forms and instructions online at the county court or Tennessee Courts website.
• Be realistic about costs: contested appointments can increase estate legal fees and lower net distributions.