Detailed Answer
Short version: If a relative who would normally sign a written renunciation refuses, you may still pursue appointment as personal representative in Washington by (1) asking the relative to sign or document a refusal, (2) showing the court why the renunciation isn’t required or why the relative’s refusal should not block your appointment, or (3) seeking appointment under the next-priority rule. The court has procedures to resolve disagreements about who qualifies and can appoint a representative even when a potential renouncer objects or won’t cooperate.
What a renunciation does and why it matters
A renunciation is a signed written statement by a person who otherwise has priority to be appointed personal representative in which that person gives up (renounces) the right to be appointed. In Washington, probate priority and appointment rules are in the Washington Probate Code (Title 11 RCW). A proper renunciation can speed appointment because the renouncing person removes themselves from the line of priority.
Typical reasons someone might refuse
- They don’t understand the role or fear liability.
- They want compensation or conditions (e.g., bond waived).
- They are upset with you or have other personal reasons.
- They are incapacitated or unreachable.
Practical steps you can take right away
- Try to resolve it directly. Explain duties, time commitment, and protections. Offer to post bond, buy insurance, or sign an indemnity agreement if that helps. A clear conversation or a letter outlining responsibilities often removes fears.
- Document the refusal. If the uncle refuses, get his refusal in writing (email, text, or recorded conversation where legally permitted) or send a certified letter asking him to sign a renunciation and keep proof of delivery. Courts like to see evidence of attempts to secure cooperation.
- Offer reasonable concessions. If bond or fees are the sticking point, offer to post bond (or request a waiver from the court) or to pay reasonable costs. A formal proposal can persuade a reluctant potential renouncer.
When to go to court
If the uncle still refuses, you can ask the probate court to resolve the matter. Options the court provides include:
- Proceed with an application for appointment. File a petition for appointment as personal representative. The court will notify interested persons and hold a hearing if someone objects. If the uncle’s refusal is uncooperative but he is not entitled to block you (for example, if he is lower in priority), the court can appoint you.
- Ask the court to accept evidence of incapacity, undue influence, or lack of understanding. If the uncle is incapacitated or has been unduly influenced, present evidence. The court can refuse to accept a renunciation signed under suspect circumstances or may find the uncle unfit to make that decision.
- Seek appointment under next-priority rules. Washington’s probate rules set out who has priority for appointment. If the person who would otherwise have priority does not qualify or refuses, the court may appoint the next eligible person. See Washington Probate Code (Title 11 RCW) and the appointment chapter for priority rules: RCW chapter 11.28 and the Title 11 overview at RCW Title 11 (Probate).
Contested situations and remedies
- If the uncle is refusing because of a dispute (family fight, competing interests), the court will resolve competing claims at a hearing. Expect evidentiary requirements and possible delays.
- If the uncle’s refusal is based on misinformation (e.g., fear of liability), provide the court evidence showing you will be bonded or insured and that you plan to follow the law. This can mitigate objections.
- If the uncle is missing or cannot be located, you can ask the court to allow appointment after reasonable but documented attempts to find and notify him.
Emergency and interim options
When immediate action is necessary to protect estate assets, courts can appoint a temporary or special administrator even before disputes about appointment are resolved. If assets need protection, ask the court for temporary appointment and clear notice to interested persons.
When to hire an attorney
Use an attorney when: (1) the uncle refuses and the estate is large or complex; (2) there is likely to be a contested hearing; (3) you need a temporary appointment quickly; or (4) you suspect undue influence or incapacity. A lawyer can prepare the petition, handle notice requirements, collect evidence, and represent you at hearings.
Key Washington statutes and resources
- Washington Probate Code (Title 11 RCW) overview: https://app.leg.wa.gov/rcw/title/11/
- Chapter on appointment and qualification of personal representatives (probate priority and related procedures): https://app.leg.wa.gov/rcw/default.aspx?cite=11.28
Bottom line: A refusal to sign a renunciation is often a problem you can solve through communication, documentation, or court action. The probate court has authority to appoint a representative despite a refusal when appropriate; bring evidence, follow notice rules, and consider legal help when the situation is contested or complex.
Helpful Hints
- Keep written records of every request and response. Courts value documented attempts to secure cooperation.
- Offer practical solutions (post bond, buy fiduciary insurance, propose a short-term appointment) to reduce the uncle’s concerns.
- Send formal requests by certified mail and save return receipts and copies of correspondence.
- If the uncle is elderly or may lack capacity, consider getting a medical evaluation or witness statements to show incapacity if needed.
- Ask the court for a temporary or special administrator if assets are at risk while the appointment dispute is resolved.
- Do not take unilateral steps with estate assets without court authority; unauthorized handling can create liability.
- Contact a probate attorney early if the refusal seems strategic, if there are allegations of undue influence, or if multiple heirs will contest the appointment.
Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Washington attorney who can evaluate the facts and guide you through local court procedures.