Short answer

If an estate-owned house is facing foreclosure but a co-administrator refuses to sign the sale paperwork, you generally cannot complete a private sale without court involvement. In Montana you can ask the probate court to (a) authorize the sale over the refusal, (b) appoint one administrator with authority to act alone, (c) remove the refusing co-administrator for cause, or (d) obtain other emergency relief (for example, a limited court order to sell to avoid foreclosure). Acting quickly matters when a foreclosure deadline is approaching.

Detailed answer — how the process works in Montana

Start with a clear understanding of the legal status: the house belongs to the estate, not to any individual administrator. Administrators (or co-administrators) owe duties to the estate and beneficiaries. Co-administrators commonly must act together, and a refusal by one can block a nonjudicial sale.

1. Confirm authority in the probate file

Check the probate appointment papers (letters of administration or letters testamentary) to learn whether either administrator has any special, unilateral powers. If the will or the court order gives joint authority only, both signatures are normally required for a sale.

2. Talk with the mortgage holder immediately

Contact the lender or servicer to explain the estate situation, provide a copy of the probate appointment, and ask about loss-mitigation, a short sale, or a temporary forbearance while you seek court relief. Lenders sometimes pause foreclosure if they see active steps being taken to sell in probate.

3. File a petition in probate court for authorization to sell

If the co-administrator refuses to cooperate, the usual remedy is a petition to the Montana probate court for an order authorizing the sale of estate property. In that petition you should explain the foreclosure threat, include a proposed purchase agreement or marketing plan, and ask the court to authorize a sale free and clear of the co-administrator’s objection. The court can approve a sale if it finds the sale is reasonably necessary to preserve estate assets or pay creditors.

4. Ask for emergency or expedited relief if foreclosure is imminent

If sale timelines are very short, request expedited or temporary relief: a short, limited order permitting a single administrator to sign a particular sale, or a court-ordered immediate sale. Montana courts can grant emergency relief when required to prevent irreparable harm to the estate.

5. Consider removal or replacement of the co-administrator

Petition for removal if the co-administrator breaches duties, is incapacitated, or otherwise unfit. The court may remove and appoint a successor administrator. Removal proceedings require evidence and notice to interested persons and may take longer, so weigh this option against urgent foreclosure timelines.

6. Alternatives: receiver or special administrator

Ask the court to appoint a receiver or special administrator for the property to preserve the asset and complete a sale or manage the property until the issue is resolved. A receiver can be useful where quick action is needed and parties cannot agree.

7. Notice and creditor priorities

A sale in probate must follow notice and approval procedures required by Montana law and the local probate court rules. Proceeds typically pay funeral and administration costs, then secured creditors (like a mortgage), then unsecured creditors, and then beneficiaries. If the mortgage is in foreclosure, the mortgage holder’s rights generally have priority over residual beneficiaries.

8. Work with a real estate-savvy probate attorney

Probate litigation and foreclosure timelines interact. An attorney can prepare the petition, request any necessary temporary orders to protect the estate, and coordinate with the mortgage servicer to prevent an unnecessary loss.

For general Montana probate law, see the Montana Code, Title 72 (Probate and Trust Code): Montana Code Annotated – Title 72. For Montana court information and forms, see the Montana Judicial Branch site: Montana Courts.

Typical court petitions and what they ask the judge to do

• Petition for approval of sale of real property — ask the court to approve the sale despite a co-administrator’s refusal.
• Petition for instructions or declaratory relief — ask the court to interpret the administrators’ authority and give directions.
• Petition to appoint special administrator or receiver — ask the court to appoint someone to act quickly to preserve or sell the property.
• Petition for removal or substitution of administrator — ask the court to remove a co-administrator for cause or substitute a new fiduciary.

Practical timeline and next steps

1. Immediately notify the mortgage servicer, provide probate papers, and request a temporary stay or loss-mitigation alternatives.
2. Review the probate paperwork to confirm what powers co-administrators have.
3. Gather a proposed sale contract or evidence of the need to sell (market comps, lender communications, foreclosure timeline).
4. File a petition with the probate court asking for an order to sell or for appointment of a special administrator/receiver; request expedited review if foreclosure is imminent.
5. Serve notice to beneficiaries and interested persons as required by Montana law and local court rules.
6. If the court grants authority to sell, complete the sale and use proceeds to pay the mortgage and other priority claims.

Helpful Hints

• Act quickly — foreclosure deadlines move fast; the court can grant emergency relief but you must ask.
• Document communications — keep written records of lender contact, offers, and the co-administrator’s refusals.
• Check the will and appointment papers — sometimes documents give one administrator express power to act alone.
• Use probate sale authority — a court-authorized sale can transfer clear title and often resolves lender concerns.
• Consider mediation — if time allows, a mediated agreement between co-administrators may avoid court delay and expense.
• Get a real estate and probate attorney — Montana probate procedures and foreclosure defenses can intersect; local counsel helps navigate both.