What to do when an estate house in Maryland is facing foreclosure and a co-administrator refuses to sign

Overview — quick answer

If an estate-owned home is in foreclosure and one co-administrator refuses to sign documents needed for a sale, you typically cannot complete a sale by agreement alone. In Maryland the usual path is to seek court intervention through the Orphans’ Court (or the Register of Wills and the probate process) so the court can authorize a sale or replace/limit the refusing co-administrator’s authority. Acting quickly is critical to preserve value and to avoid losing the property to foreclosure.

Detailed answer — step-by-step under Maryland procedure

1. Confirm who has legal authority to act for the estate.

   Start by locating the letters of administration or letters testamentary issued by the Register of Wills or the Orphans’ Court in the county where the decedent lived. Those letters identify the appointed personal representative(s) (sometimes called administrators or co-administrators) and their powers. If you do not have the letters, request copies from the Register of Wills office in the appropriate county (see Maryland Courts resources: Register of Wills — Maryland Courts).

2. Try to resolve the refusal without court action.

   Document your attempts to get the co-administrator to cooperate. Offer to mediate, propose a short sale or a listing agreement, or present a written plan showing how proceeds will pay debts and be distributed. Lenders may accept a short-sale negotiation or temporary workout, which can buy time.

3. If negotiation fails, ask the Orphans’ Court for relief.

   Maryland’s probate courts (Orphans’ Courts and Register of Wills) supervise estate administration. If a co-administrator is blocking a necessary estate action, a personal representative or interested party can file a petition with the Orphans’ Court to:

   • Authorize the sale of real property despite the lack of unanimous consent;
   • Grant the selling authority exclusively to one co-administrator;
   • Remove or surcharge (hold liable) a co-administrator for failure to perform duties;
   • Appoint a special fiduciary or receiver to manage and sell the property on an emergency basis.

   The Court can issue an order that clears title and authorizes a sale even if one co-administrator objects, provided the court finds the sale is in the estate’s best interest. For general Orphans’ Court procedural information, see Orphans’ Courts — Maryland Courts.

4. Ask the court for an expedited or emergency hearing when foreclosure is imminent.

   Foreclosure timelines can be fast. When a foreclosure sale is scheduled, include that urgency in your petition and request expedited relief or a temporary restraining order to pause foreclosure while the court considers estate action. The court has authority to act quickly if a loss of estate property is threatened.

5. Consider short sale, deed-in-lieu, or loan modification in parallel.

   While pursuing court authorization, immediately contact the mortgage holder. Lenders may accept a short sale or deed-in-lieu of foreclosure; some will negotiate a forbearance or modification when they see an estate will soon sell the property. The lender usually requires proof the estate’s representative has authority (letters of administration) and a court order if a co-administrator refuses to cooperate.

6. Bankruptcy is sometimes an emergency tool, but use it carefully.

   If foreclosure is imminent, filing a bankruptcy petition by or for an interested party can impose an automatic stay that temporarily halts foreclosure. Bankruptcy has serious consequences for the estate and beneficiaries, and it interacts with probate in complex ways; consult a bankruptcy attorney before taking that step.

7. After court authorization — steps to sell the house.
   • Obtain a court order authorizing the sale and clear instructions on notice to creditors and interested persons.
   • Follow any required appraisal or advertising steps the court orders (Orphans’ Court often requires notice to heirs and interested parties).
   • Use the court order to instruct the title company and lender to accept the sale closing.
   • Pay valid estate debts (including the mortgage) from sale proceeds in the proper priority before distributions to beneficiaries.

Who can file the petition and who pays for court action?

Any personal representative, heir, creditor, or other interested person may petition the Orphans’ Court for instructions, a sale order, or removal of a fiduciary. Costs of court petitions, appraisals, and conservatorships typically come from estate funds. If the estate lacks funds, the court can sometimes authorize interim solutions or bonding to allow necessary actions.

What if the co-administrator claims a legal reason to refuse?

If the refusing co-administrator points to a legitimate concern (e.g., disputing the validity of the will, alleging misconduct by the other administrator, or asserting a creditor claim), the Orphans’ Court can address those substantive issues in the same proceeding. The court balances the need to preserve estate value against the rights of all interested parties.

Documents and evidence to gather before filing

• Letters of administration or letters testamentary.
• Death certificate.
• Mortgage note, mortgage statement, and foreclosure notices.
• Title information, tax bills, homeowner association statements.
• Copies of communications with the refusing co-administrator and the lender.
• Any appraisal or broker price opinion for the property.
• List of known creditors and potential heirs/beneficiaries.

Where to get help in Maryland

• Visit the Maryland Courts Orphans’ Court pages for county-specific procedures: https://www.mdcourts.gov/family/orphans
• Register of Wills information and locations: https://www.mdcourts.gov/registerofwills
• Contact a Maryland probate attorney experienced in estate administration, probate litigation, and real estate/foreclosure matters. Acting promptly is important to preserve options.

Helpful hints

• Act immediately: foreclosure deadlines move faster than probate timelines; early lender contact can open short-sale or workout possibilities.
• Document everything: write down dates, calls, emails, and offers; this record helps in court petitions and creditor negotiations.
• File a petition for court authority quickly if a co-administrator is uncooperative — the Orphans’ Court can issue an order to sell or to appoint a special fiduciary.
• Keep estate funds separate and track expenses — the fiduciary duty to preserve estate property is strict, and missteps can lead to personal liability.
• Consider mediation if the dispute is primarily interpersonal and can be resolved faster and cheaper than litigation.
• Before filing bankruptcy to stop foreclosure, consult both a probate attorney and a bankruptcy attorney — bankruptcy may complicate distribution to heirs and creditor priorities.
• Expect costs: courts may require appraisals, publication/notice, clerk fees, and bond — these are normally estate expenses but must be anticipated.

Final practical checklist

1. Confirm who is the personal representative and obtain the letters.
2. Contact the lender immediately to explore loss-mitigation and short-sale options.
3. Try to obtain the co-administrator’s cooperation in writing.
4. If cooperation fails, prepare and file a petition with the Orphans’ Court requesting authority to sell or to appoint a fiduciary.
5. If foreclosure is scheduled, request emergency or expedited court relief and notify the lender and title company of the petition.
6. Consult an experienced Maryland probate attorney to prepare pleadings and represent the estate at hearings.

Disclaimer: This article provides general information about Maryland probate and estate procedures and is not legal advice. Laws and court procedures change and every situation is different. For advice about your specific situation, contact a licensed Maryland attorney who handles probate/estate administration and real estate/foreclosure matters.