What a renunciation is and why it matters

A renunciation is a written statement in which a person who has priority or the right to serve as a decedent’s personal representative gives up that right. In Texas probate practice, a renunciation lets another person qualify for appointment without fighting priority. Courts generally accept a signed, notarized renunciation filed in the probate case before the person renouncing has qualified.

Texas law governs how courts appoint personal representatives and how nominated persons or heirs may decline appointment. See the Texas statutes and the Texas courts’ probate resources for details: Texas Statutes (search the “Estates Code”) and Texas Judicial Branch — Probate.

Common hypothetical fact pattern

Example: Your aunt dies and her will names you as an alternate executor if Uncle Joe does not serve. Uncle Joe is a primary person who could serve. You want to qualify as personal representative, but Uncle Joe refuses to sign a renunciation that would make your appointment straightforward.

Below are steps you can take under Texas probate procedure when a relative refuses to sign a renunciation.

1. Confirm who actually has the legal right to serve

First, read the will (if one exists) and identify who the testator nominated as executor and any alternates. If a will names a primary and one or more alternates, the court normally will appoint alternates if the primary refuses or fails to qualify. If no will exists, Texas follows a statutory priority among heirs to appoint an administrator.

If your uncle is simply a potential heir rather than a nominated executor, his refusal to renounce may not block the court from appointing someone else who has equal or higher priority. If multiple people have competing priority, the court will decide. For a general overview of Texas probate practice, see: Texas Judicial Branch — Probate.

2. File your own application for letters with the probate court

You do not always need a signed renunciation from the person who would otherwise have priority. If you have the next-best priority (for example, you are the alternate named in the will), you can file an application (an application for letters testamentary or for administration) and ask the court to appoint you. Along with your application, file a proposed order and any supporting documents (the will, death certificate, list of heirs/beneficiaries).

The court will set the matter for hearing and notify interested persons. If the uncle does not appear or does not qualify, the court may appoint you if you meet statutory requirements. Check your county probate court’s forms and filing rules for precise procedures and required documents.

3. Use the will’s alternate nomination (if there is one)

If the will names you as an alternate executor, file the will and ask the court to appoint you as the alternate because the primary nominee (your uncle) refused to act. The court commonly appoints alternates named in the will without needing a renunciation from the primary nominee.

4. Ask the court to find the uncle unavailable, unwilling, or incapacitated

If the uncle refuses to cooperate but the court needs to appoint someone, you can ask the judge to find that he is unavailable, unwilling, or mentally or physically incapable of serving. If you have evidence (medical records showing incapacity, affidavits about his refusal, etc.), present it at a hearing. If the judge finds the uncle cannot or will not serve, the court can move to the next appropriate person.

5. Consider a petition to remove him from control of estate matters (rare and fact-specific)

If the uncle previously accepted a role and is now acting improperly (hiding assets, mismanaging estate property), you may ask the court for relief: removal, surcharge, or other equitable remedies. Those are fact-intensive actions and usually require an attorney. The court can’t force someone to sign a renunciation, but it can act if the person’s conduct harms the estate.

6. If negotiation helps, try informal solutions first

People refuse renunciations for many practical reasons: family conflict, wanting to preserve rights, or misunderstanding. Before filing contested proceedings, try these lower-cost steps:

• Explain the process and the consequences of refusing.
• Offer to reduce friction—agree to post a bond, to keep him informed, or to let him approve certain actions.
• Use a neutral mediator for family disputes.

Often a simple conversation or mediated agreement removes the blockade.

7. When to hire an attorney

Hire a probate attorney if:

• Competing claims to appointment exist and a hearing is likely.
• The uncle’s refusal is tied to accusations, fraud, or suspected incapacity.
• You need to file petitions to remove or surcharge a person handling estate property.

An attorney will help prepare pleadings, present evidence at a hearing, and explain bond, inventory, and other duties once you qualify.

Practical timeline and likely court response

Expect several weeks to months, depending on the county and whether the case is contested. If the uncle simply fails to sign and does not appear, courts often appoint the next qualified person. If he appears and objects, the court will hold a hearing and decide based on the will, statutory priority, and evidence of suitability.

Helpful Hints

• Collect the original will and multiple certified death certificates before filing.
• Find and list all potential heirs and interested parties; the court requires notice to them.
• Check your county probate clerk’s website for local filing forms and fees.
• If you are named as an alternate executor in a will, file a copy of the will with your application; the court usually honors the alternate nomination.
• Consider offering to post a bond or agree to court oversight to reduce objections from reluctant relatives.
• If the uncle is incapacitated, collect medical records and ask the court to consider incapacity rather than rely on a voluntary renunciation.
• Keep detailed records of communications—dates, times, and content—if the uncle’s refusal becomes part of a contested hearing.