Quick answer

If one co-administrator of an estate in New Hampshire refuses to sign to sell estate real estate, the other administrator cannot usually complete a private sale on their own. The typical next step is to ask the probate court for authority — either to permit the sale over the co-administrator’s objection, to remove or replace the refusing co-administrator, or to appoint a special administrator or trustee to handle the sale. When the property faces imminent foreclosure, you should act quickly: petition the probate court for expedited relief and simultaneously communicate with the mortgage holder about short sale or loss-mitigation options.

Why a co-administrator’s signature matters

Co-administrators share fiduciary duties and usually must act together to carry out major estate transactions such as selling estate real property. Without court authority, a deed signed by only one co-administrator can be challenged by heirs, creditors, or the refusing co-administrator, and it may not clear title at closing.

Step-by-step process under New Hampshire practice

1. Gather documents and deadlines: collect the letters of appointment (letters testamentary or letters of administration), the death certificate, the will (if any), mortgage statements, foreclosure notices, title report, and any communications from the lender. Identify the foreclosure timeline and sale date if a foreclosure sale is scheduled.
2. Talk to the mortgage lender immediately: tell the lender the property is in probate and that a co-administrator is refusing to sign. Ask whether the lender will accept a short sale, deed in lieu, or a temporary forbearance while you obtain court authority. Lenders often prefer a court-ordered sale or proof that the probate court authorizes a sale to avoid later title disputes.
3. Try to resolve the dispute without court: offer mediation between co-administrators, propose a buyout, or negotiate terms for sale. If the refusal stems from misunderstanding or a desire for better terms, a mediated compromise can save time and money.
4. File a petition in probate court for authority to sell: if negotiation fails, file a petition in the probate court that issued the letters of administration. Ask the court to (a) authorize the sale by the consenting administrator, (b) approve sale terms (purchase contract, price, escrow instructions), or (c) appoint a special administrator or successor fiduciary to handle the sale. Explain the foreclosure risk and ask for expedited relief if a foreclosure sale is imminent.
5. Request removal or replacement if appropriate: if the co-administrator is derelict, acting in bad faith, or obstructing administration, petition the court to remove and replace that co-administrator. Courts can remove fiduciaries for cause and appoint a replacement or a special administrator to protect the estate and creditors.
6. Obtain court order and follow court conditions: once the probate court signs an order, follow the court’s instructions precisely. Orders commonly require notice to heirs and creditors, appraisals, advertising the sale, or approval of sale terms at a hearing. Provide proof of the sale terms to the lender so the sale can proceed before foreclosure if possible.
7. Close the sale and account to the court: the closing typically pays mortgage lien holders from sale proceeds, then pays other estate debts and distributions per the will or New Hampshire intestacy rules. The administrator must prepare and file a final accounting with the probate court if required.

What to ask the court in the petition

• Authority to sell the specified real estate free and clear of estate-level objection.
• Approval of the sale contract, sale price, and closing instructions (including payoff to the mortgage lender).
• Appointment of a special administrator or temporary fiduciary if necessary.
• Removal of the refusing co-administrator for cause (if supportable by facts).
• Expedited hearing or temporary relief to avoid foreclosure sale.

Timing and foreclosure interactions

Foreclosure timelines are rigid. If a foreclosure sale date is near, ask the probate court for emergency or expedited relief and provide the court with the foreclosure notice and lender communications. The court can often issue an order allowing a sale that pays the mortgage or can authorize a short sale or deed in lieu, which the lender may accept to avoid a costly foreclosure.

Potential obstacles and how courts typically resolve them

• Co-administrator objects to price or buyer: The court can supervise the sale, require a higher level of disclosure, require competitive bidding, or reject the sale if it is not in the estate’s best interest.
• Heirs or creditors object: The probate court will weigh creditor priority (mortgage liens are typically paid first) and the best interest of the estate when deciding whether to approve a sale.
• Title or lien issues: a court-ordered sale with proper notices usually clears title concerns if the court’s order accompanies the closing and the buyer gets an appropriate title instrument.

Helpful links (New Hampshire resources)

• New Hampshire Revised Statutes and legislative site: https://www.gencourt.state.nh.us/rsa/html/ — use the probate and fiduciary-related chapters for statutory language about administration, fiduciary duties, and removal.
• New Hampshire Judicial Branch (probate information and court locations): https://www.courts.state.nh.us/ — contact the probate division in the county where the decedent lived for local filing rules and forms.

Helpful hints

• Act fast if foreclosure looms. Timing can determine whether you can sell the property on the open market or only at a foreclosure sale.
• Keep clear records: letters of appointment, creditor notices, communications with the lender, appraisal, and marketing materials.
• Open lines with the mortgage holder early — lenders may accept short-sale documentation or a court order to permit a sale that avoids foreclosure.
• Consider filing for expedited probate relief; many courts will expedite when a loss of value (foreclosure) is imminent.
• Think about a temporary or special administrator when co-administrators are deadlocked and the estate needs immediate action.
• Consult an attorney experienced in New Hampshire probate and real estate quickly — a probate filing or contact with the lender is time-sensitive and can be helped or hurt by procedural mistakes.

Example hypothetical (short)

Suppose two siblings are co-administrators for their parent’s estate. One sibling refuses to sign the sale documents for the decedent’s house. The house is 30 days from a bank foreclosure sale. The other sibling files an emergency petition with the county probate court asking for authority to sell the house and for expedited relief because of the foreclosure date. The court appoints a special administrator and authorizes a short sale with the lender to pay off the mortgage. The sale closes before the foreclosure sale, the mortgage is paid from sale proceeds, and remaining funds are distributed according to the will.