Detailed answer

This answer explains the common steps and legal options under Maine law when an estate holds real property threatened by foreclosure and a co‑administrator will not cooperate. It is written for people with no legal background and uses plain language.

1. Who controls the estate property?

When someone dies, the person(s) appointed by the Probate Court as personal representative(s) (also called executor(s) or administrator(s)) manage estate assets, including houses. The Probate Court supervises their powers and can grant them authority to sell estate property. See Title 18‑A of the Maine Revised Statutes for the probate framework: Title 18‑A, Maine Revised Statutes.

2. Why a co‑administrator’s refusal matters

Co‑administrators are typically expected to cooperate. If the estate’s real property requires signatures from the personal representative(s) to complete a sale, a refusal can block a sale. The practical danger is that a refusal delays the sale long enough for the mortgage holder to complete foreclosure. If foreclosure happens, the estate could lose the home and any equity.

3. Quick actions to protect the property

• Contact the lender immediately. Explain the death and that the property is in probate. Ask about temporary forbearance, loss mitigation, or whether the lender will accept a short sale. Lenders sometimes pause foreclosure to allow probate steps to proceed.
• Gather estate documents: the death certificate, the will (if any), letters testamentary or letters of administration from Probate Court, the mortgage note and statement, title information, and any communications from the lender.
• Get a professional market valuation (broker opinion or appraisal) so you can show the Probate Court and the lender the likely sale value and the plan to pay the mortgage from sale proceeds.

4. Formal legal steps in Maine when a co‑administrator won’t sign

If informal resolution with the co‑administrator fails, the typical probate remedies are:

1. File a petition in Probate Court asking for an order authorizing the sale of the real estate despite the refusing co‑administrator. Courts have authority to authorize sales of estate property and to resolve disputes among personal representatives. (See Title 18‑A for the Maine Probate Court’s authority: https://legislature.maine.gov/statutes/18-A/.)
2. Ask the Probate Court for instructions or an accounting. The petition can ask the court to: (a) authorize the sale and allow the cooperating representative to sign; (b) confirm sale terms (including use of proceeds to pay the mortgage); or (c) appoint a single personal representative or a special fiduciary with authority to sell if the co‑administrators cannot act together.
3. If a co‑administrator is acting improperly (refusing without reason, breaching duty, or harming the estate), you may petition the court to remove that co‑administrator or to surcharge them for losses. The court weighs the facts before removing or limiting an appointee.

The Probate Court process includes filing a written petition, serving notice to interested parties (including the refusing co‑administrator and heirs), and a court hearing. The court may grant an order that authorizes the sale or that assigns signing authority to a specific personal representative or to a special commissioner appointed by the court to handle the sale.

5. How foreclosure interacts with probate

A mortgage is a secured debt. If the estate property is in default, the mortgagee may proceed with foreclosure even while probate is pending. That is why speed matters. If the Probate Court authorizes a sale and sells the house before foreclosure completes, the lender will be paid out of the sale proceeds and the foreclosure will stop. If foreclosure completes first, the lender may take the property, leaving little or no equity for the estate.

To understand procedural details for foreclosure in Maine (timelines, notice, and redemption rights) consult resources from the Maine Judicial Branch: Maine Judicial Branch (look under self‑help/foreclosure resources or contact the court’s help desk).

6. Possible outcomes

• Court authorizes sale and appoints someone to sign: sale completes, mortgage paid from proceeds, leftover funds distributed to heirs or used to pay other estate debts.
• Co‑administrator removed or limited: the court brings clarity to administration and allows sale to proceed.
• Lender forecloses before sale: estate may lose property; any remaining equity (if foreclosure sale does not cover mortgage and costs) becomes a claim in the probate estate.

7. Timing and costs to expect

Probate petitions and hearings take time and court filing fees apply. Emergency or expedited relief is sometimes available if a foreclosure sale is imminent, but the court requires clear proof of urgency. Factor in attorney fees — for contested matters, legal costs can reduce estate proceeds, so weigh speed and settlement options carefully.

8. When to get a lawyer

Hire a Maine attorney who handles both probate and real estate/foreclosure matters if:

• The co‑administrator refuses to cooperate and the estate needs a quick sale.
• A lender has scheduled a foreclosure sale or sent a notice of intent to foreclose.
• The co‑administrator’s conduct suggests removal or a surcharge petition may be needed.

An attorney can file the necessary probate petition, request emergency relief, negotiate with the lender (forbearance or short sale approval), and represent the estate at hearings.

Key Maine legal references

• General Maine probate law (Title 18‑A, Maine Revised Statutes): https://legislature.maine.gov/statutes/18-A/.
• Maine Judicial Branch (probate locations & court contact info): https://www.courts.maine.gov/locations/probate/.
• Maine Judicial Branch (general court information and self‑help resources): https://www.courts.maine.gov/.

Helpful Hints

• Act quickly: contact the lender the same day you learn of a foreclosure threat and file for Probate Court relief as soon as needed.
• Document everything: save emails, collection letters, mortgage statements, and records of attempts to contact the co‑administrator and lender.
• Try mediation first: a mediated agreement with the co‑administrator (or a buyout offer to heirs) can avoid court delay and fees.
• Ask the court for temporary authority: Probate Courts can issue limited orders that let a cooperating representative sign sale documents while a broader dispute is decided.
• Estimate the bottom line: compare likely sale proceeds, probate and attorney costs, and possible foreclosure outcomes before committing to expensive litigation.
• Consider a short sale: if the mortgage exceeds market value, ask the lender about short sale approval — the lender may accept a sale price to avoid foreclosure.
• Get professional valuation: a written broker price opinion or appraisal strengthens urgent petitions to court and lender negotiations.
• Consult a Maine attorney early: an attorney familiar with local probate and foreclosure practice can often move faster than a non‑lawyer and may preserve more estate value.