Can you be appointed to administer a parent’s estate if the person named first in the will refuses to serve?

Short answer: Yes. Under Iowa probate law, if the person your parent named as first choice to serve as personal representative (executor) refuses or fails to qualify, the probate court can appoint another eligible person — including you. You normally must file a petition with the county probate court, show the will, and provide proof that the named person declined or is unable to act. See Iowa Code chapter 633 for the governing rules: Iowa Code Chapter 633.

Detailed answer — How this works under Iowa law

1. Who chooses the personal representative?

Your parent’s will can nominate a personal representative. The probate court gives priority to the person nominated in the will, but the court will appoint someone else if the nominated person declines, is incapacitated, cannot be located, or otherwise fails to qualify. The court follows the statutory rules and its discretion in appointing a person who will faithfully administer the estate. For the legal framework, review Iowa Code Chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf.

2. What if the named sibling refuses to serve?

“Refuses to serve” can take different forms:

The sibling signs a written renunciation or waiver. That clearly removes them from consideration.
The sibling does nothing and does not qualify. If they fail to file paperwork or post a bond (if required), the court can proceed to appoint another person.
The sibling is unwilling to act but still holds the original will. You may need to present the will to the court yourself so probate can proceed — see the filing steps below.

3. How you get appointed (practical steps)

Locate and preserve the original will. The original will is typically required for probate. If the named executor has the original, ask them to deliver it; if they refuse, you can still submit the will to the probate court when you file the petition. The court may help if a holder willfully refuses to deliver an original document.
File a petition for probate/appointment in the probate (district) court in the county where your parent lived when they died. The petition asks the court to admit the will and to appoint a personal representative. The court clerk’s office or the Iowa Judicial Branch website can provide the required forms and local rules: Iowa Judicial Branch.
Attach or produce the original will and a certified death certificate.
If the named executor has formally renounced in writing, attach that renunciation to your petition. If they simply decline verbally or fail to act, explain the situation in your petition and request the court appoint you (or another nominated successor) as personal representative.
Provide notice to interested persons (heirs and beneficiaries) as required by statute and local rules so they have an opportunity to object. The court will set a hearing if required.
The court reviews qualifications (age, mental capacity, criminal history in some cases), the decedent’s will, and any objections. If the court finds you suitable and there is no higher-priority willing person, it issues letters testamentary (if there is a will) or letters of administration (if no will), formally authorizing you to act.

4. What documents and evidence help your petition

Original will and any codicils.
Certified death certificate for your parent.
Written renunciation by the named executor, if available.
Affidavit or declaration explaining the named executor’s refusal or failure to qualify.
List of heirs and beneficiaries, with contact information for required notice.
Bond or a request to waive bond. Many wills waive the surety bond, but if the will does not, the court may require a bond unless it is waived by interested persons or ordered by the court.

5. Timing and common outcomes

Probate timing varies by county and case complexity. If there is no dispute and the named executor clearly refused in writing, appointment of an alternate can take only a few weeks. If the named executor resists, withholds the will, or interested persons object, the process can take longer and may require a hearing.

6. What if the named executor won’t deliver the will or actively blocks the process?

If the person named in the will refuses to give up the original will or otherwise obstructs probate, the court has remedies. A person in possession of a will who unreasonably withholds it may be compelled by the court to produce it. You can file your petition and explain the obstruction; the court can issue orders and, if necessary, hold hearings to secure the will and appoint a representative.

7. When the court might refuse your appointment

The court will decline to appoint you if you are legally disqualified (for example, under some circumstances because of certain criminal convictions), if another person has higher priority and is willing to serve, or if interested parties successfully object. The court’s primary job is to appoint a person who will properly administer the estate.

Helpful hints

Act quickly: probate deadlines and notice requirements vary by county. Filing early avoids delays and protects estate assets.
Get the original will even if the named executor resists. The original document is usually required to open probate.
Ask the named executor for a written renunciation if they truly do not want the job. A signed renunciation simplifies the court process.
Gather basic estate information before filing: list of assets, bank accounts, debts, titles, and beneficiaries. That speeds administration once you are appointed.
Be prepared to post a bond unless the will waives it or the court orders otherwise. Confirm bond requirements with the clerk or an attorney.
Provide clear, documented notice to heirs and beneficiaries to reduce the chance of objections later.
Use the Iowa Judicial Branch website and your county court clerk for forms and filing rules: https://www.iowacourts.gov/.
If the situation becomes contested — for example, the named executor refuses to hand over the will or heirs disagree about who should serve — consider getting legal help. Contested probate can involve hearings and complex legal arguments.

Where to find the law: The probate statutes that govern appointment of personal representatives are in Iowa Code Chapter 633. You can read the chapter here: https://www.legis.iowa.gov/docs/code/633.pdf. For practical court forms and local filing rules, visit the Iowa Judicial Branch at https://www.iowacourts.gov/.

Disclaimer: I am not a lawyer, and this article is educational only. This information does not constitute legal advice and may not address all facts in your situation. For advice tailored to your case, consult a licensed Iowa probate attorney or contact the probate court clerk in the county where the decedent lived.