What a renunciation is and why it matters

A renunciation (sometimes called a waiver of appointment) is a written, signed statement by a person who otherwise has priority to serve as personal representative that they decline appointment. Courts rely on renunciations because Wyoming follows an order of priority for who may be appointed to administer a decedent’s estate. If someone higher in the priority list signs a renunciation, the court can appoint the next-qualified person without making the higher-priority person appear or explain why they will not serve.

If the higher-priority person (your uncle, in this situation) refuses to sign, the refusal does not automatically block the estate administration. Instead, it requires the applicant (you) to use courtroom procedures to show the court why appointment of someone else is appropriate.

Practical options in Wyoming

1. Talk with your uncle first.

   Sometimes refusal is based on misunderstanding, concern about time or liability, or fear of costs. Explain what appointment would entail, including bond options, use of an attorney, and potential compensation. A voluntary, signed renunciation is the fastest solution.

2. File a petition for appointment and ask the court to proceed despite the refusal.

   If your uncle will not sign, you can file the necessary probate petition in the district court for the county where the decedent lived. On the petition you can state that the person with priority declined or refused to accept appointment. The court will set a hearing and give notice to interested persons. At the hearing, the judge decides whether to appoint you based on the statutory priority, the willingness and ability of potential appointees to serve, and any other relevant facts.

3. Show that the higher-priority person is unable or unwilling to serve.

   The court can appoint someone lower on the priority list if a higher-priority person is unavailable, incompetent, has a conflict, is disqualified, or otherwise fails to qualify. You will need to explain to the court why the uncle’s refusal means the court should appoint you instead.

4. Ask the court to accept a substitute or go to the next eligible person.

   If statute or local practice allows, you can request the court formally to appoint the next-priority person or to allow someone the decedent named (if there is a will) or another suitable person to serve.

5. Seek a court order compelling a renunciation only in narrow circumstances.

   Court power to force a renunciation is limited. The court generally cannot compel a competent adult to sign documents they do not want to sign. Instead, the court resolves appointment by following statutory procedures and making an appointment after notice and a hearing.

6. Hire an attorney.

   An attorney who handles probate in Wyoming can prepare the petition, arrange service and notice, present evidence at hearing, and explain bonding or indemnity options that may make the court or hesitant relatives comfortable with your appointment.

What the Wyoming court will consider

The judge will consider:

• the statutory order of priority for appointment;
• whether the person with priority is available, able, and willing to serve;
• any conflicts of interest or disqualifying factors (for example, felony convictions or incapacity);
• the best interests of creditors and beneficiaries; and
• whether the proposed appointee can provide the bond or security the court requires, or whether bond should be waived or reduced.

Wyoming probate actions proceed in district court. For general information and local probate forms see the Wyoming Judicial Branch site: https://www.courts.state.wy.us. For Wyoming statutes and the text of probate-related laws, use the Wyoming Legislature’s statutes pages: https://wyoleg.gov.

Documents and facts to gather before you file

• Certified copy of the decedent’s death certificate.
• Any original will or a statement that the estate is intestate.
• A list of surviving heirs, their addresses, and relationship to the decedent.
• Any written renunciations or refusals you have received.
• Information on estate assets, debts, and whether a bond may be required.
• Contact information for your uncle and other persons with priority, so the court can provide proper notice.

When to get an attorney

Talk to an attorney if any of the following apply:

• The uncle alleges reasons for refusal that raise legal issues (e.g., a competing claim to appointment or an assertion that you are disqualified).
• The estate has significant assets, debts, or potential creditor disputes.
• You expect contested hearings or litigation among heirs.
• You want help preparing the petition and handling notice and hearing procedures in district court.

An attorney experienced with Wyoming probate can tell you the likely timeline, whether bond is required, and how the local court handles contested appointments.

Helpful Hints

• Be polite and clear when you talk to your uncle. Many refusals are practical, not personal.
• Offer information about bond, compensation, and how the court protects personal representatives from personal liability.
• File your petition promptly. Delay can allow others to claim priority or cause estate administration to stall.
• Document any attempts to obtain a renunciation in writing—courts appreciate a clear record of notice and efforts to resolve the issue informally.
• If you must proceed to court, be ready to show that appointment of someone else serves the estate’s best interests.
• Use the Wyoming Judicial Branch website for local probate forms and filing rules: https://www.courts.state.wy.us
• Consult the Wyoming Legislature site for statutory language that governs appointment and administration: https://wyoleg.gov
• If the estate is small or simple, ask the court or an attorney about simplified or summary probate procedures that may shorten the process.