Detailed answer — how renunciation and appointment work in West Virginia

Under West Virginia probate practice, people who are entitled to serve as a decedent’s personal representative (sometimes called executor or administrator) may formally renounce that right. A written renunciation filed in the probate court removes that person from the line of priority and allows the court to appoint the next eligible person. If a person who would otherwise have priority refuses to sign a renunciation, the probate court will generally follow the statutory priority rules, but the court also controls appointments and may hold a hearing to determine who should serve.

Practical consequences when your uncle refuses:

• If your uncle is the person with first or higher priority under the statute and he objects to your appointment, the court will consider his claim unless he files a formal renunciation.
• If your uncle simply refuses to sign a form but does not appear or actively seek appointment, the court may appoint another eligible person after appropriate notice and a hearing.
• If your uncle objects and wants to serve, the court will compare the competing claims (who has priority, who is willing and able to serve, any issues of unfitness) and decide who should be appointed.

Because West Virginia probate is governed by state statutes and local probate practice, start by reviewing Title 44 of the West Virginia Code (wills, trusts, fiduciaries, and estate administration): https://code.wvlegislature.gov/44/. For local procedures and forms, contact the probate clerk in the county where the decedent lived or see the West Virginia Judiciary probate resources: https://www.courtswv.gov/public-resources/probate/index.html.

Common procedural options when renunciation is refused

1. Ask the uncle to file a short written renunciation or declination: A simple, signed, dated statement filed with the probate clerk that says the person declines to serve is often enough to clear the way. Have the clerk explain any required formality (e.g., notarization or filing requirements).
2. File your petition for appointment and give proper notice: You may file for appointment as personal representative. The clerk will notify interested persons, including your uncle. If he does not respond or does not appear at the hearing, the court can appoint you.
3. Request a hearing and present evidence of priority or fitness to serve: If your uncle contests, the court will hold a hearing. Be prepared to show why you are entitled to appointment (statutory priority, qualifications, willingness to serve) and to respond to any claims he makes.
4. Ask for appointment of a special or temporary administrator: If immediate action is needed to preserve estate assets, the court can appoint a special or temporary administrator even if the appointment of a permanent personal representative is contested.
5. Ask the court to find the uncle unqualified if appropriate: If the uncle is legally ineligible (e.g., a minor, legally incompetent, a convicted felon disqualified by statute, or otherwise unfit), the court can exclude him from appointment. You will need evidence to support such claims.
6. Consider mediation or negotiation: If the refusal is personal or based on misunderstanding, a mediated conversation or negotiation may produce a voluntary renunciation and avoid court conflict and delay.

What the court will consider

The probate judge will consider: (1) statutory priority among heirs and legatees; (2) whether a nominated personal representative in a will exists and whether that person is eligible and willing; (3) fitness and qualifications of proposed representatives; and (4) the need to preserve estate assets through a temporary appointment. The judge has discretion to appoint the person who best serves the estate’s and beneficiaries’ interests.

Paperwork and timing

Typical documents to gather: death certificate, the will (if any), a list of heirs and their contact information, and any written renunciations or declinations. Courts set notice periods and hearing dates; if an interested person objects, that can add weeks to the process. If estate assets are at risk, ask the court for temporary relief (a special administrator) while the dispute is resolved.

When to consult an attorney

Consider getting a West Virginia probate attorney if:

• Your uncle objects and intends to serve or actively contests your appointment;
• There are allegations of incapacity, misconduct, or felony disqualification needing proof;
• Significant estate assets are at risk and you need immediate court action (temporary administrator or emergency orders);
• The probate matter is complex (multiple heirs, creditors, business interests).

An attorney can draft the right filings, present evidence, and represent you at hearings.

Helpful Hints

• Contact the county probate clerk immediately to learn local filing forms and required steps.
• Keep written records of all communications with your uncle and other heirs—emails, texts, and dated letters can be useful at a hearing.
• Gather the decedent’s important documents: original will, death certificate, deeds, bank statements, and lists of creditors and beneficiaries.
• If urgency exists (paying bills, securing property), ask the court for a temporary or special administrator to act while the dispute is resolved.
• If the uncle’s refusal is personal (not legal), try mediated negotiation or a family meeting before litigating—courts prefer disputes resolved without costly litigation.
• If your uncle is unavailable or refuses to cooperate but does not actively claim appointment, file your petition and ask the court to proceed; nonappearance can lead to appointment of another eligible person.
• Review West Virginia statutes in Title 44 and local court resources: https://code.wvlegislature.gov/44/ and https://www.courtswv.gov/public-resources/probate/index.html.