Quick summary: If an estate-owned house is facing foreclosure and one co-administrator refuses to sign to allow a sale, you can ask the Rhode Island Probate Court to authorize a sale, appoint a special administrator to sell, or remove/replace the refusing co-administrator. Because Rhode Island foreclosures proceed through the courts, you should act quickly to seek a probate order or negotiate with the mortgage holder to stop or slow the foreclosure.

What powers do administrators have and where to look in Rhode Island law

The authority and duties of personal representatives (executors, administrators) and court supervision of estate property fall under Rhode Island’s statutes on estates and trusts. For an overview of those provisions, see Title 33 of the Rhode Island General Laws: R.I. Gen. Laws, Title 33 — Estates and Trusts. The Rhode Island Probate Courts administer estate matters and provide forms and local rules: Rhode Island Probate Courts.

Step-by-step process to allow a sale when a co-administrator refuses

1. Confirm authority and foreclosure status.

   Check the letters testamentary or letters of administration to confirm who has legal authority. Determine whether a foreclosure complaint, lis pendens, or notice of sale has been filed in Superior Court. Foreclosures in Rhode Island are typically handled through the courts; see Title 34 for property and mortgage law: R.I. Gen. Laws, Title 34 — Real Property.

2. Try to resolve the refusal informally.

   Contact the co-administrator and explain the urgency. Share financial information: mortgage payoff demand, foreclosure timeline, and any short sale offer. If communication fails, document all attempts to resolve the dispute.

3. Request authority from the probate court to sell the property.

   If a co-administrator refuses to cooperate, file a petition in probate asking the court to authorize the sale. Common probate remedies include:

   • An order directly authorizing the sale of estate real estate despite the co-administrator’s refusal.
   • Approval of a specific sale contract (court-supervised sale) and directions to the registrar or the appropriate officer to sign closing documents.

   The probate court has inherent power to manage estate property and can issue orders to protect estate creditors and beneficiaries. Include mortgage payoff information and any foreclosure filings in your petition to show urgency.

4. Ask the court to appoint a special administrator or allow an existing administrator to act alone.

   If the refusal creates an immediate risk of loss (foreclosure sale), petition the court for a special administrator with limited authority to market and sell the house, or to allow one administrator to sign alone. Courts commonly use these powers to preserve estate value.

5. Seek removal or limitation of the refusing co-administrator if necessary.

   If the co-administrator willfully fails to perform duties, mismanages estate assets, or acts in bad faith, you can petition the probate court to remove or limit that person’s authority. Removal is an extraordinary remedy, and you must present evidence showing the refusal harms the estate or its creditors.

6. Coordinate with the mortgage holder and foreclosure proceedings.

   Immediately notify the lender that the property is part of an estate and that you have filed or will file a probate petition to permit sale. Ask the lender for the exact payoff figure and whether it will agree to a short sale or a temporary postponement of the foreclosure sale. Many lenders will work with estates to avoid foreclosure if they see active probate court involvement.

7. Get an expedited hearing if foreclosure is imminent.

   If the foreclosure sale date is near, request an emergency or expedited probate hearing and explain the risk to estate creditors and beneficiaries. Provide documentation of the pending foreclosure and any offers to buy the property.

8. Close the sale under court order or complete whatever resolution the court directs.

   After the court issues an order authorizing sale, follow the court’s directions for marketing, accepting offers, and closing. If the court appoints a special administrator, that person will sign the sale documents as the estate’s representative. Funds from sale pay valid mortgage and administrative costs, and remaining proceeds distribute according to the will or intestacy rules.

Practical and timing considerations

• Act fast. Judicial foreclosure timelines vary, but once a foreclosure complaint is filed and notice given, the sale can proceed on a compressed timetable.
• Documentation matters. Bring letters of administration, mortgage payoff letters, copies of any offers, and correspondence with the refusing co-administrator to court.
• Estate costs and creditor claims. The sale process must consider administrative expenses and creditor priority.
• If the co-administrator raises legitimate objections (e.g., alleging undervalue, conflict of interest, or improper marketing), the probate court will consider those concerns and may require additional procedures before approving a sale.

Where to file and who to talk to

File petitions and motions in the probate court in the county where the decedent resided at death. Use the Rhode Island Probate Courts website for local rules and contact information: Rhode Island Probate Courts. For questions about the foreclosure timeline and mortgage law, consult resources under Title 34: R.I. Gen. Laws, Title 34 — Real Property.

When to get legal help

Because probate and foreclosure intersect and time is frequently short, you should consult a lawyer who handles probate and foreclosure issues in Rhode Island. A lawyer can prepare the petition, gather evidence to justify removal or appointment of a special administrator, and, if needed, represent the estate in expedited hearings to prevent a foreclosure sale.

Disclaimer: This article provides general information about Rhode Island procedures and is not legal advice. It does not create an attorney-client relationship. For advice about a particular situation, consult a licensed Rhode Island attorney.