Colorado: What to Do If a Relative Refuses to Sign a Renunciation So You Can Be Personal Representative

Short version: In Colorado the court controls appointment of a personal representative. A relative’s refusal to sign a written renunciation does not necessarily prevent you from being appointed. You can (1) confirm whether a written renunciation is actually required, (2) try informal solutions (discussion, mediation, offer of bond or compensation), (3) open probate and ask the court to appoint you despite the refusal, or (4) ask for a limited or temporary appointment to protect estate assets while the dispute is resolved. If the matter becomes contested, you will likely need to ask the court to hold a hearing and decide who should serve.

How appointment and renunciation generally work in Colorado

Colorado follows statutory rules that determine who has priority to be appointed personal representative. The person with priority may sign a written renunciation of the right to appointment, which lets the court appoint the next eligible person. If such a renunciation is not filed, the person with priority can be appointed or can appear and object. The Colorado courts maintain probate forms and guidance that show typical paperwork and the steps used in practice: Colorado Judicial Branch — Probate Forms and Resources. For the statutory framework that governs estates and appointment, see Colorado’s statutes on estates and probate (Title 15): Colorado Revised Statutes (searchable) — Title 15 (Estates, Wills, and Succession).

Step-by-step options if your uncle refuses to sign a renunciation

1. Confirm whether a renunciation is required. If the decedent named you as the executor (personal representative) in a valid will, the court will usually give weight to that nomination even if another heir says they have priority. If the uncle has a statutory priority to appointment (for example a surviving spouse or another next-of-kin under the statute), his written renunciation would normally be needed to allow someone next in line to be appointed without a hearing. Check the facts and the will.
2. Ask for a simple written renunciation or a short letter of consent. Explain the purpose of the renunciation and what it does (it does not forfeit inheritance, it only addresses who serves as PR). Offer to cover reasonable bond costs or to post a bond if bonding is a concern. Courts commonly accept a signed, notarized renunciation form when it is voluntary. You can find probate forms and examples on the Colorado courts site: Probate forms.
3. Consider compromise or mediation. If relationships are strained, a neutral mediator or family meeting can sometimes resolve objections and get the renunciation. This costs less than a contested court proceeding.
4. If compromise fails, file to open probate and ask the court to appoint you. You can file the appropriate petition with the probate court in the county where the decedent lived. If the uncle objects, the court will schedule a hearing. At the hearing, you can explain why you should be appointed (nominated in the will, better suited to serve, uncle is uninterested or unavailable, etc.). If the uncle truly refuses to serve or appears unsuitable, courts can appoint someone else. If he objects for reasons the judge finds valid, the court may appoint the objecting party instead.
5. Ask for a temporary or special appointment if estate assets need urgent attention. If the estate has bills, perishable assets, or threatened property, request the court to name a temporary personal representative (sometimes called a special administrator). That limited appointment allows immediate action while the overall appointment dispute is decided.
6. Use small-estate procedures if the estate qualifies. Colorado has streamlined procedures for small estates so you might avoid a full probate administration. If the estate qualifies, these procedures can make a renunciation unnecessary. Check the court resources or ask an attorney about a small estate affidavit or simplified process.
7. When the dispute is contested. If the uncle refuses and files an objection, expect a hearing. At that hearing the court will apply statutory priorities and consider evidence about who is suitable and willing to serve. The court may require bond, accounting, or other conditions if it appoints someone it believes could present a risk to the estate.

Practical evidence and paperwork to have ready

• Original will and any codicils (if there is a will).
• Death certificate for the decedent.
• IDs and contact information for heirs, beneficiaries, and witnesses.
• A proposed “Acceptance of Appointment” form and a proposed bond if requested by the court.
• Copies of any correspondence showing attempts to obtain the uncle’s renunciation (polite written requests, proof of delivery).

When to hire an attorney

Hire a probate attorney if the uncle refuses and the estate has significant assets, complex assets (real estate, business interests), creditor claims, or if the dispute becomes contested. An attorney can:

• Explain statutory priority rules that apply in your case.
• Prepare and file the petition and supporting documents correctly.
• Advise whether a temporary appointment is appropriate.
• Represent you at any contested hearing.

Links and resources

• Colorado Judicial Branch — Probate Forms and Resources: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=23
• Colorado Revised Statutes (searchable; see Title 15 for estate and probate law): https://leg.colorado.gov/publications/revised-statutes

Helpful Hints

• Don’t assume a refusal is final — ask why. Sometimes concerns about responsibility, liability, or family tensions cause a refusal that can be resolved.
• Offer to post bond, handle estate duties reasonably, or agree to supervision (accounting, court oversight) to ease the uncle’s concerns.
• If immediate action is needed (bills, foreclosure, perishable assets), ask the court for a temporary or special appointment rather than waiting for a full resolution.
• Gather and preserve evidence of your communications with the uncle — courts look favorably on documented, reasonable efforts to avoid litigation.
• Small estates can often be handled with simpler affidavits — research Colorado’s simplified procedures before filing a full probate petition.
• If you are named executor in the will, tell the court and provide the original will — the decedent’s wishes are an important factor.