Detailed Answer

Short answer: Yes — if the person your parent named as executor (the personal representative) declines or refuses to serve, Connecticut probate courts will appoint someone else. The usual path is: confirm the named executor formally renounces or otherwise declines, file the will and a petition for appointment with the local Probate Court, and ask the judge to appoint you (or another qualified person). The court will follow the will’s alternate provisions (if any) and then use its authority to appoint a suitable person if no alternate is named.

How it works under Connecticut law — plain explanation

When a person dies leaving a will, the will usually names a person to act as the executor (also called the “personal representative”). That named person has the right to serve, but that right is not mandatory. Under Connecticut’s probate process, a named executor may accept or decline appointment. If the named executor declines (formally called a renunciation) or is otherwise unable or unwilling to serve, the Probate Court will appoint the next appropriate person.

Key points in simple terms:

• If the will names an alternate executor, the court will normally appoint that alternate.
• If the will does not name an alternate, the Probate Court has the power to appoint a suitable person — commonly a surviving spouse, an adult child, or another close relative — or any qualified person who petitions the court.
• If the named executor simply refuses informally (saying “I won’t do it”) but does not sign a written renunciation, the court can still appoint someone else after a petition and possible hearing showing the named person will not act.

Step-by-step practical process

1. Locate the original will and the death certificate. You will need the original will to file for probate and an official death certificate for most filings.
2. Talk to the named executor. Ask them to sign a written renunciation if they are willing to decline. A written renunciation speeds the process and avoids a hearing. If they agree, get the renunciation in writing and take it with the will to probate.
3. File the will and a petition for probate at the local Probate Court. Go to the Probate Court for the district where your parent lived. File the original will and a petition for appointment of a personal representative. If the named executor renounces in writing, include that. If they refuse to sign a renunciation, you can still file and explain the refusal.
4. If the named executor refuses to cooperate, request the court to appoint you. In your petition or supporting paperwork say why you are a suitable appointee (relationship, availability, willingness, lack of conflicts). The court will look at the will, any alternate named, and who is fit to serve.
5. Attend any hearing and obtain Letters of Administration or Probate. The judge may issue an order appointing the personal representative and issue Letters of Appointment. Those letters give you legal authority to deal with bank accounts, assets, and creditors.

What if the named executor is uncooperative or is causing delays?

If the named executor will not sign a renunciation or is actively blocking access to assets or the will (for example, hiding the will or failing to provide information), you can ask the Probate Court for relief. The court may:

• Hold a hearing to determine whether the named person is refusing service;
• Order the named person to do specific acts (for instance, turn over the original will to the court);
• Refuse to appoint a person who is unfit or will not carry out fiduciary duties, and instead appoint you or another suitable person.

Who gets priority for appointment if the will doesn’t name an alternate?

Connecticut probate judges exercise discretion but generally follow a practical priority: a willing spouse, then adult children, then other next of kin or anyone who demonstrates they are qualified and willing. The judge looks for a person who can carry out the duties responsibly and without conflict. If the family members cannot agree, the court resolves the dispute at a hearing.

What documents and information you should bring to the Probate Court

• Original will (if available) and any codicils
• Death certificate
• Identification for yourself (photo ID)
• Contact information for beneficiaries and the named executor
• Statement explaining why the named executor refuses or renounces
• Inventory of major assets if known (bank names, real property, vehicles)

Where to find Connecticut forms and local Probate Court information

Use the Connecticut Judicial Branch Probate Court pages for practical forms, filing procedures, and your local probate district contact information: https://www.jud.ct.gov/probate/. For the official General Statutes of Connecticut (to read statutory language about probate and fiduciaries), see the Connecticut General Assembly statutes site and search for the probate-related titles: https://www.cga.ct.gov/current/pub/titles.htm.

When you should consider hiring a lawyer

Consider consulting an attorney if any of the following apply:

• The named executor is actively obstructing access to the will or estate property.
• There is a dispute among beneficiaries or family members about who should serve.
• There are complex assets (business interests, out-of-state property, tax issues).
• You expect litigation (will contests, removal proceedings, claims against the estate).

Timing and costs

Probate timing varies. If everything is uncontested (the named executor renounces in writing and you’re appointed), the process may be relatively quick — weeks to a few months to get appointment paperwork. If there’s refusal, a hearing, or a contested dispute, it may take longer. Probate filing fees and costs are set by the court and can vary; the Probate Court clerk can give current fee information.

Common scenarios and how the court usually handles them

• Named executor signs a written renunciation: The court will generally appoint the alternate named in the will or a qualified petitioner.
• Named executor says they won’t serve but won’t sign renunciation: You can file and ask the court to appoint another person. The court can proceed after notice and, if needed, a hearing.
• No alternate named and family agrees you should serve: The court usually appoints a willing, suitable family member who petitions for appointment.

Practical tip: A courteous written request to the named executor asking them to confirm their refusal in writing (email or letter) creates a record you can use when you file with the court.

Disclaimer

This article is for educational purposes only and is not legal advice. It explains general Connecticut probate practice and the usual steps when a named executor refuses to serve. For advice specific to your situation, consult a Connecticut probate attorney or contact your local Probate Court.

Helpful Hints

• Bring the original will — probate courts usually require the original document.
• Ask the named executor for a written renunciation; it simplifies the process.
• Call your local Probate Court clerk before you go to confirm required forms and fees.
• Keep clear records of communications with the named executor and beneficiaries.
• If the named executor is blocking the will or assets, consider getting legal help quickly — delays can cause loss of access to accounts and property.
• If you’re appointed, understand fiduciary duties (inventory, notice to creditors, record-keeping); the court expects careful administration.
• Use the Connecticut Judicial Branch probate pages for forms and district contact information: https://www.jud.ct.gov/probate/