What to do when a co-administrator refuses to sign to sell an estate house that’s facing foreclosure

Short answer: In Utah, if a co-administrator refuses to sign a sale of estate real estate, you usually cannot close a normal sale without either getting that co-administrator’s cooperation or getting a court order authorizing the sale (or removing or limiting the co-administrator’s authority). Because a foreclosure adds urgency, you should act promptly: open (or use the existing) probate case, petition the probate court for authority to sell or for appointment of a sole/special administrator, and simultaneously contact the lender about alternatives (forbearance, short sale, deed-in-lieu). This article explains the typical steps, legal tools, and practical options under Utah law.

Detailed answer — how the process usually works under Utah law

1. Who can sell estate property?

If the estate is in probate, only the personal representative(s) (called an administrator or executor) or someone authorized by the probate court can legally sell estate property. When there are two or more co-administrators, most routine estate acts require the cooperation of the personal representatives or court approval. If a co-administrator refuses to sign a sale, the normal commercial buyer will not accept a sale signed by only one co-administrator unless the court authorizes it.

See Utah’s probate statutes on administration of decedents’ estates for the rules that establish the authority and duties of personal representatives: Utah Code Title 75 (Probate).

2. What to do right away when foreclosure is looming

• Notify the lender/servicer immediately. Explain that the property is in probate and that a sale is being pursued; ask about loss mitigation, temporary forbearance, short sale approval, or a deed-in-lieu of foreclosure. Lenders sometimes pause enforcement while loss mitigation is considered, but you must move fast.
• Open (or confirm) the probate case and make sure letters of administration have issued so the court has jurisdiction to act.
• Document attempts to obtain the co-administrator’s consent in writing and preserve communications; show the court you attempted to cooperate.

3. Petition the probate court for authority to sell (or for other relief)

If the co-administrator refuses to sign, the common legal remedy is to ask the probate court to authorize the sale over the refusal. Typical petitions include:

• Petition for court authorization to sell real estate of the estate (a sale under court order). The court can approve a private sale or direct a public sale and can authorize a single personal representative to sign closing documents on behalf of the estate.
• Petition to appoint a special administrator with limited authority to sign the sale documents if immediate action is required.
• Petition to remove or restrict a co-administrator if they are failing to carry out duties, are incompetent, or are acting unreasonably — removal is a last resort and requires proof to the court.

The probate court has broad equitable powers to resolve disputes among co-administrators and to authorize transactions necessary to preserve estate value. You can find the probate administration framework at: Utah Code Title 75.

4. Timing and emergency relief because of foreclosure

Foreclosure creates urgency. If the lender is proceeding with a nonjudicial power-of-sale foreclosure or scheduling a trustee sale, you can:

• Ask the probate court for expedited or emergency relief—e.g., an order authorizing sale, or asking the court to issue temporary injunctive relief to preserve the property while the estate sorts out authority.
• Seek a negotiated solution with the lender (forbearance, short sale approval, deed-in-lieu). If the lender will accept a short sale, they often require evidence that the probate court authorizes the sale or that all personal representatives agree or that one is authorized to act.

Because foreclosure timelines can move faster than probate schedules, a coordinated approach—asking the court for expedited authority while negotiating with the lender—works best.

5. What buyers and title companies need

Buyers and title companies want clear title and proper documentation. If a co-administrator refuses to sign, buyers will usually require either:

• A probate court order authorizing the sale and directing one person to sign closing documents, or
• Release or waiver signed by all persons who could claim an interest in the property (heirs/beneficiaries), or
• A court-ordered conveyance (the court can order the sale and direct the personal representative to execute the deed).

6. Alternatives if a court order is not realistic

• Negotiate directly with the co-administrator: mediation or a neutral attorney can often break a stalemate.
• Short sale: sometimes the lender will accept a short sale even if one co-administrator will not sign—but usually the lender wants to see probate authority or cooperation from personal representatives.
• Deed in lieu: the co-administrator might agree to execute a deed in lieu of foreclosure; again, the lender typically wants proof of authority.

Practical step-by-step checklist

1. Confirm whether the estate is probated and whether letters of administration exist. If not, file for probate or for appointment of an administrator immediately.
2. Notify the lender in writing that the property is part of an estate and request loss-mitigation options. Keep records of all communications.
3. Attempt to resolve the refusal directly: mediation, written demand, or informal negotiation among heirs/administrators.
4. If refusal continues, file a petition in probate court to authorize the sale, to appoint a special administrator, or to remove/limit the co-administrator if warranted. Ask the court for expedited relief because of imminent foreclosure.
5. If the lender insists on a fast resolution, ask the probate court for an emergency hearing and temporary orders to prevent foreclosure while the court decides.
6. Work with title company and buyer: provide the court order or other documentation the title company requires to insure the sale.

Helpful legal references (Utah)

• Utah Code — Title 75: Probate and decedents’ estates (general rules on administration and the court’s powers): https://le.utah.gov/xcode/Title75/75.html
• Utah Code — Title 57: Real estate and foreclosure procedures (for lender options and nonjudicial foreclosure rules): https://le.utah.gov/xcode/Title57/57.html

Helpful Hints

• Act immediately. Foreclosure timelines can outpace probate proceedings; prompt action preserves options.
• Get documentation in writing—both communications with the co-administrator and any agreements with the lender.
• Title companies typically require either all administrators’ signatures or a court order. Plan for court involvement unless you have unanimous consent.
• Consider mediation or a neutral attorney to resolve disputes among co-administrators quickly and cheaply compared with contested court litigation.
• If the dispute is malicious or obstructive, the probate court can remove or limit a co-administrator, but removal takes time and proof—use emergency petitions when foreclosure is imminent.
• Document estate debts and equity. If lender approval of a short sale is needed, present a clear accounting to the lender and to the court showing why a sale is in the estate’s best interest.
• Retain a Utah probate attorney early. An attorney can file the right motion quickly, negotiate with the lender, and help get an expedited court order when necessary.

Disclaimer: This article is for informational purposes only and is not legal advice. It summarizes general Utah law and common procedures; it does not create an attorney-client relationship. Because every situation is different, consult a licensed Utah attorney about the specific facts of your case before taking legal action.