Short answer

If your uncle refuses to sign a renunciation, you still have options. First try a direct resolution (explain the duties, offer help with paperwork). If that fails, file with the probate court: either (1) a formal renunciation signed by the uncle (if you can get it later), (2) a petition asking the court to appoint you as personal representative because the uncle is unwilling or unable to serve, or (3) a request for temporary letters to handle urgent estate matters. If the uncle is the named executor in a will, the court can appoint a different person if the named executor declines or is unable to act. The probate court supervises these matters and can decide who serves.

Detailed answer — step by step under Vermont practice

1. Understand what a renunciation does

A renunciation is a written, signed statement that a person entitled to act as personal representative (executor/administrator) gives up that right so the next person in priority can serve. A formal renunciation filed with the probate court avoids delays and helps the court give letters to the next eligible person.

2. Try to resolve the issue informally first

• Talk with your uncle. Explain the duties and that renouncing is simply a short signed form; it does not make him legally responsible for estate work.
• Offer to draft the renunciation form and bring it to him, or take the form to the probate court so a clerk can explain it.
• Consider mediation or asking another trusted family member to help.

3. If informal attempts fail, document the refusal

If your uncle will not sign, note the refusal in writing (email or a dated letter) or make a sworn statement about the refusal. That documentation can help the probate court understand why you need appointment without a signed renunciation.

4. File with the probate court — your main legal path

Go to the probate court in the county where the decedent lived and file a petition for appointment as personal representative. Your petition should:

• Explain your relationship to the decedent and your priority to serve.
• Attach any will (if there is one) or state there is no will.
• Explain that the uncle was asked to renounce and refused, and attach any documentation of refusal.
• Ask the court for appointment, or for temporary letters if immediate action is required (collecting assets, preserving property, paying urgent bills).

The court will review the petition, give notice to interested persons, and can hold a hearing. If the court finds the uncle is unwilling to serve or has effectively declined, it can appoint you or another appropriate person.

5. If the uncle is named executor in a will

If the will names your uncle as the executor but he refuses to act or to sign a renunciation, the court can appoint the next person named in the will or the next eligible person under the rules of intestate succession and appointment. The court may require a formal renunciation or give other persons an opportunity to accept appointment.

6. Temporary relief for urgent matters

If you need to act immediately to protect assets (secure the home, collect bank funds, pay bills), ask the probate court for temporary or emergency letters of appointment. Courts commonly issue temporary or limited authority to preserve the estate while the appointment issue is decided.

7. Court outcomes you can expect

• The court may accept a later-filed renunciation by the uncle if he changes his mind.
• If the court finds the uncle unwilling or unable to serve, it can appoint you or another eligible person.
• If someone contests your appointment, the court will hold a hearing and decide based on statutory priority, fitness to serve, and the best interests of creditors and beneficiaries.

8. What to bring to the probate court

• Certified death certificate for the decedent.
• Copies of any will.
• Any communications showing your request to the uncle and his refusal.
• Your petition for appointment and any local forms required by the county probate court.

9. Where to find forms and local procedures in Vermont

Vermont’s probate courts publish forms and instructions. Visit the Vermont Judiciary site for probate information and local contacts: https://www.vermontjudiciary.org/. For Vermont statutes related to probate and estate administration, see the Vermont Legislature statutes page: https://legislature.vermont.gov/statutes. The probate clerk in the county where the decedent lived can explain required filings and next steps.

10. When to get an attorney

Consider hiring an attorney if:

• The estate has significant assets or debts.
• The uncle or another party contests appointment.
• There are complex tax, real estate, or business issues.
• You need emergency powers and the court process becomes contested.

Helpful hints

• Start with the probate clerk. Clerks can explain the process and necessary forms.
• Bring clear documentation of any attempts to get the renunciation; the court will want to know you made a good-faith effort.
• Ask for temporary letters if assets or property need immediate protection.
• If the uncle is concerned about liability, explain that renunciation simply passes the appointment to someone else and does not create estate liability for him.
• Keep communications civil and in writing when possible; hostile family dynamics prolong the process.
• If the uncle is incapacitated or lacks capacity, the court may require medical evidence before accepting his refusal or renunciation.
• Attend any scheduled hearing and bring witnesses who can confirm the uncle’s refusal if needed.