Can I be appointed executor if my parent named my sibling first but they refuse to serve?

Short answer: Yes — if the person your parent named (the nominated executor or personal representative) refuses or fails to serve, Colorado probate courts will appoint the next qualified person. That can be an alternate named in the will or, if no alternate exists, a person with statutory priority (often a surviving spouse or an heir). You must file a probate petition in the county where your parent lived, provide the original will, ask the court to appoint you, and follow statutory and court procedures under Colorado law.

Detailed answer — how this works under Colorado law

Under Colorado law the person appointed to handle a decedent’s estate is usually called the personal representative (often called an executor in informal language). Colorado’s probate rules and the Probate Code (Title 15 of the Colorado Revised Statutes) govern who the court will appoint.

Key points you should know:

Nomination in the will is given priority. If the will nominates someone to serve as personal representative, the court will normally appoint that person, unless they are not qualified or they refuse to serve.
Refusal, inability, or renunciation of a nominated executor. If the nominated executor refuses or timely renounces the appointment, they are treated as if they are unavailable. The court will look to an alternate named in the will or, if no alternate is named, to the statutory order of priority for appointment.
Statutory priority and the court’s role. If the nominated executor is unavailable, the court will appoint the alternate named in the will. If no alternate is named (or the alternate is also unavailable), the court will appoint a person with priority under the Probate Code — typically the surviving spouse, then adult children, other heirs, or a qualified creditor or other interested person if necessary. The court has discretion to appoint a different person if there is good cause (for example, a conflict of interest or lack of fitness).
How you get appointed. To become the personal representative you or someone else must file a petition to admit the will to probate and to appoint a personal representative in the county court where your parent lived. Attach the original will, the death certificate (when available), and follow local court form instructions. If the nominated executor has renounced in writing, file that renunciation with the court — that simplifies your petition. If the nominated executor simply declines verbally or ignores the court, the court will typically proceed after notice and, if necessary, a hearing.
What the court decides at appointment. The court will review the will, the petition, whether the nominated executor or alternate is willing and qualified, and any objections from interested persons. If there are no valid objections and you have the superior claim under the will or statute, the court will issue Letters Testamentary or Letters of Administration naming you as personal representative.

For the governing statutes, see the Colorado Probate Code (Title 15). The Colorado General Assembly and Colorado courts publish the statutes and probate forms:

Typical steps you will take

Locate the original will and death certificate.
Talk to the person nominated as executor. If they will not serve, ask them to sign a written renunciation (so the court has a record).
Check the will for an alternate executor. If an alternate is named, that person has the preferred claim to appointment.
File a petition for probate and appointment of personal representative in the county where the decedent lived (use local probate forms). Attach the original will and any renunciation.
Provide notice to heirs and interested persons as required by statute and court rule. If there are no objections, the court will usually appoint you.
If someone objects or there is a dispute about priority or fitness, expect a hearing where the court will resolve the conflict.

Common legal issues you may face

Renunciation not signed: If the named executor verbally declines but won’t sign a renunciation, you can still petition the court. The court will provide notice and, if appropriate, appoint another qualified person after any hearing.
Multiple people claim priority: If siblings or heirs disagree about who has priority, the court decides based on the will language and Colorado probate law.
Bond requirement: The court may require a fiduciary bond unless the will waives bond or the court excuses it. Check the will and local rules.
Small estate alternatives: If the estate has very limited assets, simplified or summary procedures may be available under Colorado law (look for “small estate” procedures in Title 15 and local court rules).

What the personal representative must do once appointed

The personal representative has fiduciary duties: collect and inventory assets, notify creditors, pay valid debts and taxes, manage estate property prudently, and distribute assets according to the will or state law. The court may require filings and accounting. If you accept appointment, be ready to carry out these duties or hire a lawyer or an accountant to help.

When to talk to a lawyer

Consider hiring a probate lawyer if:

There is a dispute about who should be appointed;
The nominated executor refuses but won’t sign a renunciation and family conflict makes a hearing likely;
The estate is complex (real estate, business interests, contested will, large creditor claims, tax issues);
You want help preparing court filings, notice, or fiduciary accounting.

Helpful Hints

Ask the nominated executor to sign a written renunciation if they won’t serve — it speeds the process.
Check the will carefully for any alternate nominee before filing in court.
Gather the original will, certified death certificate, list of heirs, and records of assets before petitioning the court.
Use Colorado Judicial Branch probate forms to prepare your petition (see link above).
Give proper notice to heirs and creditors — failing to do so can delay or invalidate actions later.
If you’re appointed, keep clear records and consider getting bond coverage or insurance if the estate or disputes are significant.
Consider mediation if family conflicts make a court hearing likely — courts often welcome settlement where possible.

Disclaimer: This article explains general Colorado probate concepts and is educational only. It is not legal advice. For guidance specific to your facts and to ensure you meet local filing and notice requirements, consult a licensed Colorado attorney.