How to proceed when a relative won’t sign a renunciation so you can serve as personal representative (Utah)

Short answer: If an heir or person with priority (in this situation, your uncle) refuses to sign a written renunciation allowing you to be appointed as personal representative, you still have options under Utah probate practice. You can try to get a formal written renunciation, petition the probate court to appoint you and explain the refusal, or show the court that the other person is unwilling or unfit to serve. If the matter is contested or the situation is complicated (incapacity, family conflict, alleged misconduct), you should consult a Utah probate attorney.

Detailed answer (Utah law and practical steps)

Utah’s probate rules and the Utah Code that governs wills, administration, and appointment of personal representatives set out who has priority to serve and how administration is opened. The probate court must issue letters to a suitable person who is entitled under the code or who the court finds appropriate. For general statutory text on probate matters, see Utah Code Title 75 (Probate and Trust Code): https://le.utah.gov/xcode/Title75/.

Below are practical steps and legal avenues commonly used in Utah when a higher-priority person refuses to renounce. These steps assume no unusual facts (e.g., no will contests, no allegations of elder abuse, and no disputes about capacity). Tailor to your facts and consider local court forms and rules.

1. Ask for a signed written renunciation in a proper form.

   Probate courts favor written renunciations that are signed and filed. Many Utah courts provide sample renunciation/waiver forms. A polite, clear request that explains the effect of a renunciation (it simply declines the right to serve; it does not change inheritance rights) often works. Remind your uncle that a renunciation is just a short, signed form filed with the probate court.

2. Offer alternatives that make it easier to accept.

   Some people refuse to serve because of perceived burdens or liability. Offer to obtain a bond (if required), to hire an attorney or a probate administrator to handle paperwork, or to limit the role (for example, ask the court for a professional administrator while you manage limited duties). A notarized short form renunciation or a one-line affidavit may be all that’s needed.

3. If the uncle still refuses, file a petition in probate court to open administration and request appointment of you as personal representative.

   When you file your petition you should:

   • Identify the decedent and list heirs and other persons with priority.
   • Explain that the uncle refused to renounce in writing despite being notified and offered the opportunity.
   • Provide proof of notice and any written communications showing the refusal (emails, certified mail receipts, a sworn statement of refusal, etc.).

   The court will give notice to interested parties and may schedule a hearing. If the person with priority does not want to serve, the court can appoint someone else who is suitable.

4. Show the court the person is unwilling or unfit to serve.

   Courts appoint someone who is willing and suitable. If the uncle explicitly refuses to serve, the court may skip him in the priority list. If you can show incapacity, conflict of interest, a criminal history bearing on trustworthiness, or other disqualifying facts under Utah law, the court is likely to appoint the next suitable person. If capacity is in question, a medical declaration or court evaluation may be necessary.

5. Use statutory timeframes and default procedures.

   Statutes and local court rules set how petitions, notices, and priority work. If a person entitled to appointment does not petition within a statutory or practical time, the court may appoint the next person. Check local probate procedures and the Utah Code (Title 75) for timing and notice requirements: https://le.utah.gov/xcode/Title75/.

6. If the refusal is strategic or obstructive, ask the court to decide.

   Some people refuse to sign simply to control timing or cause delay. The probate court has authority to make an appointment after notice and hearing. If the uncle’s refusal is intended to frustrate administration, document it and ask the court for relief—often the judge will appoint the next eligible person who will serve.

7. Consider mediation or family settlement before litigation.

   If the refusal stems from family conflict, a short mediated conversation can resolve concerns and lead to a renunciation. Mediation is often faster and less expensive than contested probate litigation.

8. When to hire an attorney.

   If the uncle threatens litigation, claims you are unfit, raises complex estate issues, or if assets are large or contested, consult a Utah probate attorney. An attorney can prepare your petition, represent you at hearing, and advise whether pursuing removal, appointment despite refusal, or other remedies is appropriate.

How Utah courts typically handle refusal to renounce

Utah courts focus on orderly estate administration and appoint a willing, responsible person. If someone with priority declines to serve or fails to act, the court will consider the next eligible person. Courts often require clear notice to interested parties, a filed renunciation (if provided), and candid disclosure of who is willing to serve. If an entitled person refuses to sign a renunciation but does not intend to serve, the judge can make an appointment after appropriate notice and hearing.

Helpful Hints

• Try a friendly, simple written renunciation form (signed and notarized). Courts like clear, documented actions.
• Document all communications (dates, method of contact, copies of letters/emails). The court will want proof of notice and refusal.
• Look for Utah probate court sample forms and local rules—many courts publish forms and instructions for opening an estate: https://www.utcourts.gov/.
• If the uncle is elderly or mentally impaired, do not rely on an informal statement—get medical documentation if capacity is an issue.
• Be prepared to show you are suitable (able to administer, will post bond if required, and will act honestly). The court’s primary concern is a responsible administrator.
• Keep communication calm and focused on practicality—offer to cover administrative burdens or hire help to reduce resistance.
• If the situation is contentious, hire a Utah probate attorney early to avoid procedural mistakes that could delay the estate.

Where to look for forms and statutes

• Utah Code (probate and related statutes): https://le.utah.gov/xcode/Title75/
• Utah Courts (general probate how-to and local forms): https://www.utcourts.gov/

Final note: Courts prefer written renunciations and orderly filings, but they will appoint a willing and suitable personal representative if a higher-priority person explicitly refuses to serve. If you expect resistance or legal dispute, speak with a licensed Utah probate attorney to review your facts and to file the correct petition and notices.

Disclaimer: This article is educational only and not legal advice. Laws change and every case is different. For specific guidance about a particular situation in Utah, consult a licensed Utah probate attorney.