Detailed answer — what you can do under Indiana probate law

Under Indiana law, a court appoints a personal representative (executor/administrator) for a decedent’s estate according to statutory priority and the court’s determination of who is qualified and willing to serve. If a person who has priority over you refuses to sign a written renunciation or simply will not cooperate, you still have options. Below is a clear, step-by-step explanation of what typically happens and practical steps you can take.

1) Understand the role of renunciation and priority

Many administrations start when the person with highest statutory priority accepts appointment. If that person does not want the role, they can sign a renunciation (a written document stating they decline to be appointed), which clears the way for the next person in line. Indiana’s probate laws (Title 29) set the general rules for appointment and priority. The court will follow those rules when deciding who to appoint. See Indiana Code, Title 29 (Probate and Trust Law):
https://iga.in.gov/legislative/laws/2023/ic/titles/029

2) If the higher-priority person declines but refuses to sign a written renunciation

Refusal to sign a written renunciation does not necessarily block the court from appointing someone else. Options include:

• Ask the court to accept an oral refusal or prove disinterest: The court can consider testimony or other evidence that the higher-priority person does not want to serve. A short hearing can resolve the question of willingness.
• File your own petition to be appointed personal representative: You (or someone interested in the estate) can file a Petition for Appointment of Personal Representative. When you file, the court provides notice to interested persons and will determine who should be appointed under the law.
• Seek the court’s formal finding that the person is unwilling or unqualified: If the person will not sign, the judge can determine they are unwilling to serve and proceed to appoint the next qualified person.

3) Practical steps to take right now

1. Contact the uncle politely and explain what renunciation would do (it simply declines appointment; it does not affect inheritance). Sometimes a short explanation or a simple form solves the problem.
2. If he remains unwilling, prepare to file a Petition for Appointment of Personal Representative in the appropriate county probate court. The court will notify interested parties and hold any required hearing.
3. Collect basic documents to attach to your petition: the decedent’s death certificate, the will (if any), a list of heirs and addresses, and any communications showing the uncle’s refusal (emails, text messages, affidavits from witnesses).
4. Consider asking the court to accept testimony or an affidavit from the uncle showing he declines the role. A notarized statement or testimony at a hearing is often sufficient in place of a signed renunciation form.

4) When the court will appoint someone else

The probate judge has the authority to appoint the person it finds appropriate under the statute and the circumstances. If the uncle is unwilling, unavailable, incapacitated, or disqualified, the court can move down the statutory priority list. If you have priority over other potential appointees and you are willing and qualified, the court can appoint you even if the uncle refuses to sign a written renunciation.

5) Special situations

• Uncle is incapacitated: If the person who would otherwise be appointed lacks mental capacity, the court may require medical proof of incapacity and proceed to appoint another person.
• Contested appointments: Interested persons can object to appointments. Objections can delay administration and may require hearings.
• Estate with a will that names the uncle as personal representative: If the will names the uncle but he refuses, the court will appoint another person (often the next priority person or a person nominated in the will if an alternate is named).

6) Timeline and likely costs

Filing a petition and obtaining an appointment typically takes a few weeks to a few months depending on court backlog and whether there are objections. Costs include filing fees, possible publication fees for notices, and attorney fees if you hire counsel. Small or informal estates sometimes qualify for simplified procedures — check local probate rules or court staff for specifics.

7) Where to find forms and procedures

Indiana provides probate forms and self-help information through the state courts. Those forms show what the petition looks like and what notices you must serve. See the Indiana Judicial Branch probate information and forms page for local filing rules and sample documents:
https://www.in.gov/courts/self-service/forms/probate/

Review the Indiana Probate Rules for procedural guidance:
https://www.in.gov/judiciary/rules/probate/

8) When to hire an attorney

Hire a probate attorney if:

• There is a dispute about appointment or the will.
• The uncle claims incapacity but you suspect undue influence.
• The estate is large or complex, or there are potential creditor claims.
• You prefer someone to prepare and file filings, give legal advice, and represent you at hearings.

Even if you plan to proceed pro se (without a lawyer), many attorneys offer a limited consultation to explain local practice and likely court responses.

Example hypothetical (short)

Hypothetical: A decedent’s will names the decedent’s brother (your uncle) as personal representative, but your uncle says he does not want to be appointed and will not sign anything. You want to serve. In this situation you can file a Petition for Appointment. At the hearing you or a witness can testify that the uncle declined appointment. The judge can accept that evidence and either appoint you (if you have priority or the will nominates you as an alternate) or appoint the next qualified person under statute.

Statutory reference

For the statutory framework on appointment and priorities, consult Indiana Code, Title 29 (Probate and Trust Law):
https://iga.in.gov/legislative/laws/2023/ic/titles/029

Helpful Hints

• Start by asking the uncle to sign a short, clear written renunciation — many people just need reassurance that renouncing appointment won’t affect inheritance.
• Have a witness or short email/text documenting the uncle’s refusal; copies can be submitted to the court if needed.
• Gather the decedent’s death certificate, any original will, and a list of heirs before filing a petition.
• Check local probate court websites for filing fees, required notices, and scheduling procedures.
• If the uncle claims incapacity, obtain a medical statement or be prepared for the court to order an evaluation.
• Consider mediation or a short consultation with a probate attorney if family conflict seems likely to escalate.
• Keep communications calm and professional — courts prefer orderly resolution rather than family conflict aired in hearings.