How authority over estate property normally works

When someone dies and an estate is opened in Wyoming, the court issues letters of administration (or letters testamentary) to the fiduciary(ies) named by the will or appointed by the court. Those letters give the administrator(s) authority to collect assets, pay debts, and (with court permission when required) sell estate real property. If two people are appointed co‑administrators, most decisions affecting estate property generally should be made together or with the court’s approval when co‑administrators cannot agree.

Wyoming probate law vests the probate court with control over administration and sales of estate assets. See Wyoming statutes and probate resources for the statutory framework (Wyoming statutes addressing probate are commonly found in Title 2). For general statutory materials and court forms, see the Wyoming Legislature and Wyoming Judicial Branch websites: https://wyoleg.gov/ and https://www.courts.state.wy.us/self-help/probate/.

Practical steps to take when a co‑administrator refuses to sign a sale and foreclosure is pending

1. Confirm legal authority and timelines. Check the letters of administration to see whether a single administrator can act alone or whether both signatures are required. Determine the foreclosure deadline and whether the mortgage holder has already scheduled a sale.
2. Contact the lender immediately. Notify the mortgage company or servicer that the property is part of a probated estate. Ask for a short forbearance, postponement of the sale, or an agreement to accept a court‑authorized sale or short sale. Lenders often will halt or delay a trustee’s sale for a short time while the estate seeks court approval to sell.
3. Try negotiation or mediation with the co‑administrator. A refusal may be based on misunderstanding, concerns about price, or beneficiary priorities. Offer a written plan for marketing and sale, an appraisal, and proposed sale terms. Mediation can be quicker and cheaper than court litigation.
4. File a petition in probate court to authorize sale of real property. If negotiation fails, petition the probate court for an order authorizing sale of the estate real property. In most jurisdictions the court can approve a sale even over a co‑fiduciary’s objection if the sale is in the best interest of the estate and its creditors/beneficiaries. Your petition should explain the foreclosure risk, include a valuation or appraisal, and propose sale terms or marketing steps the estate will take.
5. Ask the court for emergency relief to stop or delay foreclosure. If a foreclosure sale is imminent, ask the probate court for an emergency order temporarily staying the sale or for an expedited hearing. In parallel, ask the lender for a temporary postponement. Courts can act quickly when a loss of estate property is imminent and beneficiaries or creditors will be harmed.
6. Move to remove or replace the co‑administrator if appropriate. If a co‑administrator refuses to perform fiduciary duties (for example, they willfully block necessary sales), you can petition the probate court for removal or substitution of the fiduciary and appointment of a successor administrator. Removal is an option when a fiduciary breaches duties, acts in bad faith, is incapacitated, or otherwise unfit to serve. The court will follow statutory standards for removal and appointment.
7. Consider appointment of a receiver/temporary manager. In urgent cases a court can appoint a receiver or a special administrator to protect estate assets and carry out a sale when the regular administrators deadlock or refuse to act.
8. Complete required probate procedures for sale. If the court approves a sale, you will typically need to provide notice to beneficiaries and creditors, obtain any required appraisals or reports, comply with public notice requirements, and obtain a court order confirming the sale if required by local practice.

What the probate court will consider

The judge evaluates whether the proposed sale is necessary and reasonable, whether it protects creditors (including the mortgagee), and whether beneficiaries’ interests are preserved. If sale proceeds will pay the mortgage and other debts, the court often favors a sale that maximizes value quickly. Courts also weigh whether the co‑administrator’s refusal has a legitimate basis (for example, a dispute over sale price or claims against the estate) or represents a breach of fiduciary duty.

Documents and evidence to have ready

• Letters of administration or letters testamentary from the probate court;
• Death certificate and probate case number;
• Mortgage statements, foreclosure notices, and communications from the lender;
• Current appraisal, broker opinion of value, MLS listing information if available;
• Communications or written objections from the co‑administrator;
• Proposed sale contract or marketing plan;
• Inventory and proposed plan for distribution of sale proceeds (to pay mortgage, taxes, fees, and beneficiaries).

Possible outcomes

• The parties resolve the disagreement and both administrators sign the sale documents; lender postpones foreclosure and the estate completes a private sale or short sale.
• The probate court authorizes sale over the co‑administrator’s objection and either confirms a private sale or orders a court‑supervised sale/auction.
• The court removes or replaces the obstructing co‑administrator and appoints a fiduciary who can sign and complete the sale.
• If the estate cannot act quickly enough, the lender completes foreclosure and the estate loses the property; the estate, however, may still pursue claims against a co‑administrator who breached duties.

How long will this take and what will it cost?

Time frames vary. Emergency petitions and expedited hearings can get action in days to a few weeks. Regular petitions to authorize a sale, remove a fiduciary, or confirm a sale typically take longer—weeks to months—depending on court schedules, complexity, and whether appeals occur. Costs include court filing fees, attorney fees, appraisal and realtor fees, and potential bond costs; if a co‑administrator has been obstructive, the court may later order them to pay costs or be surcharged for losses caused by bad faith.

When to hire an attorney

Hire an attorney as soon as possible if a foreclosure is scheduled or if a co‑administrator refuses to cooperate. Probate litigation involves procedural rules and deadlines; an attorney can file emergency motions, negotiate with lenders, prepare the petition for sale, and, if needed, seek removal of an obstructing administrator. If money is limited, ask attorneys about limited‑scope representation to handle the emergency hearing or the critical filings only.

Relevant Wyoming resources

Wyoming probate statutes and resources are available through the Wyoming Legislature and the Wyoming Judicial Branch. For statutory and procedural guidance see the Wyoming Legislature site: https://wyoleg.gov/ (search “probate,” “administration,” or look in Title 2) and the Wyoming Judicial Branch self‑help probate pages: https://www.courts.state.wy.us/self-help/probate/.

Helpful Hints

• Act quickly when you learn of a foreclosure notice—time is often the most important factor.
• Get written proof of any communications with the lender and the co‑administrator.
• Obtain a professional appraisal or competitive broker opinion to persuade a court and lender of the property’s market value.
• Ask the lender about short‑sale or deed‑in‑lieu options that may settle the mortgage without a trustee sale.
• If possible, propose a clear, aggressive marketing plan to the court to show you are trying to maximize value for beneficiaries and creditors.
• Consider mediation before litigating removal—courts prefer settlement when it preserves estate value and reduces costs.
• Keep beneficiaries informed—transparent communication reduces disputes and strengthens your position in court.