Detailed Answer

If an estate-owned house in North Dakota is facing foreclosure and one co-administrator refuses to sign the sale documents, the personal representative(s) and interested parties must move quickly. The steps below explain the typical legal paths under North Dakota probate practice and practical measures you can take to protect the estate’s value and the beneficiaries’ interests.

1) Confirm the administrators’ legal powers and the administration type

First, locate the letters of appointment (letters testamentary or letters of administration) issued by the probate court and the decedent’s will (if any). Those documents — and whether the estate was granted independent administration — determine how much authority an individual administrator has to act without court approval.

North Dakota probate law and rules govern the appointment and powers of personal representatives. For the text of the North Dakota Century Code and probate provisions, see the North Dakota Legislature’s code site: https://www.legis.nd.gov/cencode. For practical probate procedures and forms, see the North Dakota Courts site: https://www.ndcourts.gov.

2) Try non‑court solutions first (fast and low cost)

• Talk to the refusing co-administrator. Explain the foreclosure risk, provide written timelines and mortgage statements, and try to secure written consent for the sale or a limited power of attorney to allow the sale to close.
• Use mediation or a short, documented meeting of the administrators and beneficiaries to reach agreement. A signed written consent by the co-administrator often solves the problem quickly.
• Discuss short-term measures with the mortgage holder (lender). Sometimes lenders will agree to a short extension, a loan modification, or accept sale-for-cure negotiations if they know a sale is being pursued. Obtain written confirmation from the lender whenever possible.

3) If negotiation fails: petition the probate court to authorize a sale

When an administrator refuses to cooperate and a foreclosure is imminent, the usual and effective step is to file a petition in the probate court asking the judge to authorize the sale of the estate real property. In North Dakota, the probate court has authority to approve the sale of estate property, appoint a special fiduciary, or take other actions to preserve estate assets.

Common judicial remedies include:

• Order authorizing sale of real property despite the co-administrator’s refusal.
• Appointment of a special administrator or receiver to manage or sell the property on an expedited basis.
• Removal or replacement of a co-administrator for refusing to perform duties and causing harm to the estate (after notice and hearing).
• Instructions to the administrator on how net sale proceeds will be handled and distributed, including satisfying the mortgage and other creditors.

Because foreclosure deadlines are strict, request an expedited hearing and explain the imminent foreclosure in the petition. The court can issue temporary or emergency relief to prevent loss of value.

4) How a court sale or approval typically works

If the court approves the sale, it will usually set procedures: notice to interested parties and creditors, approval of the listing and sale terms, and confirmation of the sale at a hearing. The court can authorize sale on the best terms reasonably available and order distribution to payoff the mortgage. The court’s approval protects the purchaser and ensures the sale cleans up the estate’s liabilities.

5) Grounds and process for removing a co-administrator

North Dakota law allows the court to remove a personal representative for causes such as misconduct, neglect of duty, or failure to account for estate property when removal is in the estate’s best interest. Removal requires a filed petition, notice to the affected administrator, and a hearing. If removal is granted, the court will appoint a replacement or a special administrator with the power to sell.

6) Practical notes about foreclosure and buyer protections

• Mortgage foreclosure can proceed quickly. Even if probate is ongoing, mortgage lenders typically follow state foreclosure procedures unless they join the probate case. Inform the lender about probate steps and any filed petitions to sell.
• If an administrator refuses to sign, a buyer may be unwilling to close without a court order approving the sale. Buyers commonly demand either all administrators’ signatures or a probate-court order authorizing the sale.
• In some urgent cases the court may approve a sale free and clear of liens or confirm a sale after a foreclosure sale, but outcomes depend on the mortgage priority and bankruptcy or redemption rights.

7) Timing and costs

Court petitions, hearings, and potential appeals add time and legal costs. Because foreclosure timelines are short, raise the urgency in the initial filing and ask the court for expedited handling. Even when court involvement is needed, prompt action is usually enough to preserve value and avoid a foreclosure sale.

8) When to contact an attorney

Seek a North Dakota probate attorney immediately if:

• Foreclosure notice or sale is scheduled within a short period (weeks).
• A co-administrator actively blocks necessary estate actions or refuses to obey court instructions.
• There is disagreement among beneficiaries or a complex mix of liens and creditors.

An attorney can prepare and file the necessary probate petition, request emergency relief, negotiate with the lender, and represent the estate at hearings.

Helpful Hints

• Locate appointment papers and the will immediately. These documents set the administrators’ authority.
• Gather the mortgage statement, notice of default, and any foreclosure notices — include them when filing with the court to show urgency.
• Document all communication with the refusing co-administrator in writing — emails and certified letters help show attempts to cooperate.
• Ask the lender for a short extension or written forbearance while you pursue a court‑authorized sale; lenders sometimes cooperate to avoid a costly foreclosure.
• If you must file in court, request expedited relief and a temporary restraining order or injunction if appropriate to stop an imminent foreclosure sale until the court decides.
• Keep beneficiaries informed. Courts favor transparency and consensus where possible.
• Work with a probate attorney experienced in North Dakota estate sales and foreclosure issues — an attorney can often resolve matters faster than doing it alone.
• Use official state resources: North Dakota Century Code at https://www.legis.nd.gov/cencode and North Dakota Courts at https://www.ndcourts.gov for forms and local rules.