Detailed Answer

When an estate includes real property and one co-administrator refuses to cooperate, the other personal representative still has options under New Jersey law to move a sale forward — especially when a mortgage foreclosure is imminent. Below is a clear, step‑by‑step explanation of the typical routes available, how the courts are involved, and what to do when time is short.

Step 1 — Confirm authority and documentation

Start by assembling the estate paperwork: the decedent’s will (if any), the letters testamentary or letters of administration issued by the Surrogate’s Office, the death certificate, mortgage statements, a recent title report, and any correspondence from the lender or foreclosure filings. Verify whether the will or the court order gives the personal representative express power to sell property. In New Jersey, estate administration generally follows the rules in Title 3B (Administration of Estates).

Useful state pages: the New Jersey Courts probate/self‑help pages and the Surrogate information pages explain local procedures and forms: NJ Courts — Probate & Estate Self‑Help and NJ Courts — Surrogate Offices. For statutory context see the New Jersey Legislature home: NJ Legislature (Title 3B: Administration of Estates).

Step 2 — Try informal resolution first

Contact the co-administrator to find out the reason for refusal. A refusal sometimes stems from misunderstanding, fear of personal liability, or a desire to delay. Offer to provide estimates, an independent appraisal, or an indemnity for potential liability tied to sale proceeds. If the refusal is about sale price or buyer selection, mediation or a neutral broker may bridge the gap.

Step 3 — Seek court authorization to sell (if negotiation fails)

If the co‑administrator still refuses, petition the Surrogate’s Court (or the Probate Part/Chancery Division where applicable) for an order: 1) approving the sale, 2) authorizing a single personal representative to sign closing documents, or 3) appointing a special administrator to handle the sale. The court can issue an order allowing the sale over a co‑administrator’s objection when doing so serves the estate’s best interests and protects beneficiaries and creditors.

Typical filings include a verified petition outlining the estate facts, proposed sale terms, a proposed order, and notice to interested parties (beneficiaries, creditors, co-administrators). The court will weigh fiduciary duties, fairness to beneficiaries, and creditor interests (including the mortgagee).

Step 4 — Emergency steps when foreclosure is pending

If a lender has already started foreclosure or scheduled a sheriff’s sale, act quickly:

• Contact the lender immediately to request a payoff statement and to discuss a short sale or stipulation to postpone the foreclosure sale while the estate seeks court relief.
• File a petition in the appropriate court seeking temporary relief, such as an injunction or expedited order authorizing sale and directing the lender to accept sale proceeds as payoff. Courts will consider the balance between the mortgagee’s rights and the estate’s need to liquidate assets to satisfy debts.
• Ask the court for appointment of a special administrator with express power to sell quickly, or for an order permitting the cooperating administrator to execute closing documents alone.

Time is often the critical factor; many foreclosure timelines give narrow windows. Coordinate immediately with counsel and the lender to try to preserve options.

Step 5 — Consider removal or replacement of the recalcitrant co-administrator

If the co-administrator’s refusal amounts to bad faith, neglect, or incapacity, you can petition the court to remove and replace them. Removal is a serious remedy and courts require proof (e.g., obstruction of estate administration, breach of fiduciary duty). A petition for removal asks the court to appoint a different fiduciary or to allow the remaining fiduciary to act alone.

Step 6 — Practical mechanics of a court‑authorized sale

When the court signs an order authorizing sale, the order will usually specify:

• Who may sign the deed and settlement statement;
• How sale proceeds should be held or distributed pending final accounting;
• Any approval process for the buyer/price (e.g., requiring a public notice or hearing in certain cases).

After sale, the personal representative will typically prepare an accounting and pay creditors (including the mortgage) from sale proceeds, then distribute remaining funds to beneficiaries per the will or intestacy rules.

Hypothetical example (illustrative)

Imagine an estate with a single house and two co-administrators. The mortgage is in default and a foreclosure sale is scheduled in six weeks. One co-administrator refuses to sign a listing agreement. The cooperating administrator petitions the Surrogate’s Office for an order appointing a special administrator and authorizing a sale. The court grants an expedited order and directs the lender to accept payoff from sale proceeds; the house is sold and the mortgage paid from closing funds. The co-administrator’s objection did not stop the process because the court authorized the necessary steps.

Where the law comes in

New Jersey’s probate framework (Title 3B) governs the powers and duties of personal representatives and the court’s authority to supervise estate administration. The Surrogate’s Office and the Superior Court have procedures to resolve disputes among fiduciaries and to authorize estate sales. See the New Jersey Courts probate and foreclosure resources for procedure and forms: NJ Courts — Probate & Estate Self‑Help and NJ Courts — Foreclosure Self‑Help.

Bottom line: If a co-administrator refuses to sign, you can often still sell estate real estate in New Jersey by (1) negotiating, (2) petitioning the court for authorization to sell or for appointment of a special administrator, or (3) asking the court to remove or replace the non‑cooperative administrator. If foreclosure looms, act immediately and seek expedited court relief and lender cooperation.

This is not legal advice. It is general information to help you understand typical New Jersey procedures and options. You should consult a qualified probate or real‑estate attorney promptly to protect estate and property interests in your specific situation.

Helpful Hints

• Act fast when foreclosure is pending — lenders move on strict schedules.
• Gather documents immediately: letters of administration, death certificate, mortgage payoff, title report, and beneficiary contact info.
• Contact the lender right away to request a payoff statement and discuss short sale or postponement options.
• Consider mediation or a neutral real‑estate broker to reduce co‑administrator conflict if time allows.
• File a court petition for an order authorizing sale or appointing a special administrator if negotiation fails.
• Be prepared to show the court how the sale protects creditors and beneficiaries and why expedited relief is necessary.
• Keep clear records of communications, offers, and any expenses tied to the property — the personal representative may need to account for these.
• Ask the court for clarity about who may sign closing documents to avoid post‑closing disputes.
• If you handle the sale without court authorization, you risk personal liability; seek court approval when co‑administrators conflict.
• Consult a probate or real‑estate attorney familiar with New Jersey practice for an early assessment and possible expedited filings.