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Short answer

If an estate’s house is at risk of foreclosure and a co‑administrator refuses to sign sale documents, the usual options are: (1) determine whether the administrator has independent authority to sell; (2) ask the probate court to authorize or approve a sale; (3) ask the court to remove or replace the noncooperative co‑administrator; or (4) ask the court to appoint a receiver or grant emergency relief to protect estate property. Acting quickly and communicating with the mortgage lender can often buy the estate time.

How authority to sell works in Texas probate

In Texas probate, the administrator’s power to act depends on the type of administration and the letters issued by the court. There are two common probate regimes:

• Independent administration – If the will or court grants independent administration, the independent executor or administrator may have authority to sell estate property without prior court approval. See Texas Estates Code, Chapter 401 (Independent Administration): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm.
• Dependent (or supervised) administration – If the court supervises the administration, the administrator generally needs court permission to sell real estate. The probate court controls the sale process and signs orders that allow the sale to close.

Where more than one person holds letters as co‑administrators, they typically share authority. A co‑administrator who refuses to sign can slow a sale unless the probate court intervenes.

Step‑by‑step options when a co‑administrator refuses to sign and foreclosure looms

1) Confirm your authority and timing

Check the probate documents (letters testamentary or letters of administration and the will) to see whether you have independent power to sell. If you do, you still should provide required notices and follow any statutory sale process. If you lack independent authority, you must pursue court approval.

2) Communicate with the mortgage lender right away

Contact the lender, explain the probate situation, and request a temporary forbearance, loan modification, or extension of the foreclosure timetable. Lenders often prefer to negotiate rather than complete a foreclosure sale. Also ask whether the lender will accept a short sale or deed‑in‑lieu of foreclosure from the estate.

3) Try to resolve the refusal without litigation

Attempt negotiation or mediation between co‑administrators. Sometimes a compromise (e.g., splitting sale proceeds for costs) or agreement on a broker/attorney that handles closing resolves the impasse.

4) File a motion in probate court to authorize the sale

If negotiation fails, file a petition with the probate court asking it to authorize the sale of the estate property and to order whatever signatures or instruments the buyer needs to close. In supervised administrations, you will normally ask the court to order the sale and approve terms. In independent administrations, you can ask the court to ratify or confirm a sale when a co‑administrator refuses to cooperate. Courts can and do sign orders allowing sales over the objection of a co‑administrator when doing so protects the estate.

5) Ask the court to remove or replace the noncooperative co‑administrator

If a co‑administrator is derelict or harmful to the administration, you can petition the court for removal and appointment of a successor administrator. Grounds for removal include willful failure to perform duties, waste of estate assets, or conflicts that impair administration. Removal is a discretionary remedy and takes time.

6) Seek emergency relief: receivership or injunction

When foreclosure is imminent, ask the probate court for emergency relief. The court can appoint a receiver to manage or sell the property or issue temporary orders that allow the administrator to act to prevent waste or loss. A receiver or court order can give a neutral third party the power to sell the house quickly to satisfy the mortgage and protect creditors and beneficiaries.

Foreclosure basics to keep in mind

Most mortgage foreclosures in Texas are nonjudicial and follow the mortgage deed’s power‑of‑sale clause and the notice rules in the Texas Property Code. See Texas Property Code, Chapter 51 (Remedies on Default Under Security Instruments): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.51.htm.

Work with the lender immediately. A pending foreclosure sale can often be postponed by negotiating with the servicer. If the lender is unwilling to cooperate, move quickly to seek a court order or receivership to prevent an uncontested foreclosure sale if that outcome would unfairly harm the estate and beneficiaries.

Hypothetical example (illustrative)

Maria and Jose are co‑administrators for their parent’s estate. The estate house has a mortgage in default, and the lender has scheduled a foreclosure sale in 30 days. Maria wants to list and sell the house to pay the mortgage. Jose refuses to sign sale documents. Maria checks the letters of administration and finds the court issued dependent administration. She immediately contacts the lender to request a postponement, files an emergency petition in the probate court asking for authority to sell the property or for appointment of a receiver, and requests the court remove Jose if he continues to block reasonable administration. The judge grants a temporary order approving a sale under court supervision and appoints a receiver to list and sell the house, preventing foreclosure and protecting the estate’s value.

Helpful statutes and resources

• Texas Estates Code, Chapter 401 (Independent Administration): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm
• Texas Property Code, Chapter 51 (Foreclosure and remedies under security instruments): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.51.htm
• Texas Courts — probate information and local court contacts: https://www.txcourts.gov/programs-services/probate/
• TexasLawHelp (practical self‑help for Texans): https://texaslawhelp.org/ (not a government site, but useful free resources)

Helpful hints

• Act fast: foreclosure timelines are short. Contact the lender on day one.
• Gather documents: letters of administration, will, mortgage payoff statement, insurance, and title info.
• Confirm the type of administration in the file (independent vs. dependent).
• Try negotiation and mediation with the co‑administrator before filing motions.
• Ask the court for temporary emergency relief if foreclosure is imminent—receivers and emergency sale orders exist to prevent loss.
• Consider short sale or deed‑in‑lieu options with the lender if market sale won’t repay the mortgage.
• Get a probate attorney quickly—most counties have expedited docketing for emergency probate matters.
• Keep beneficiaries informed and document all communications and offers in writing.