Can an estate property facing foreclosure be sold if a co-administrator refuses to sign?

Disclaimer: This article explains general information about Alaska law. It is not legal advice. Consult a licensed Alaska attorney about your specific situation.

Quick answer

If a co-administrator of an Alaska estate refuses to sign a sale and the estate’s real property is facing foreclosure, the usual remedy is to ask the probate court to authorize the sale (or otherwise resolve the co-administrator dispute). The court can approve a sale over a co-administrator’s objection, remove or limit a co-administrator for failure to perform duties, or approve short sale or other steps to avoid foreclosure. Time is often critical when a mortgage foreclosure is pending.

Detailed answer — steps, legal basis, and likely outcomes

1. Understand who has authority to act

In Alaska, an estate’s personal representative (executor if named by a will, administrator if appointed by the court) holds legal authority to manage and sell estate property subject to the probate court’s orders and any limitations in the will. If two people serve as co-administrators, many decisions require agreement or a court order resolving the disagreement.

2. Identify immediate risks and deadlines

Foreclosure timelines are fast. If the lender has already started a foreclosure, confirm the foreclosure status, sale date, and any statutory cure period. Missing deadlines can lead to the estate losing property at a foreclosure sale. At the same time, the estate has creditor-notice periods under Alaska probate procedures that affect how proceeds and claims are handled.

3. Attempt agreement and temporary measures

• Try to resolve the dispute with the co-administrator: explain the estate’s obligations, show appraisal and payoff numbers, or consider a buyout by heirs.
• Contact the mortgage holder: sometimes lenders will accept a short sale, temporary forbearance, or payoff extension if the lender knows the estate is actively working to sell.
• If available, the estate can make a mortgage payment to stop an imminent sale while the court considers relief.

4. File a petition with the probate court to sell the property

If the co-administrator continues to refuse, the practical step is to petition the probate court for an order authorizing the sale of the real estate. Typical requests to the court include:

• Order authorizing sale of the property (often after notice to heirs and creditors).
• Order approving a short sale or other compromise with the mortgage lender.
• Request for expedited or emergency relief if a foreclosure sale date is imminent.

Probate courts routinely handle petitions to sell estate property when executors or administrators cannot obtain voluntary consent. The court weighs fiduciary duties, the estate’s best interests, creditor claims, and notice requirements.

5. Ask the court to resolve co-administrator disagreement or remove a co-administrator

If a co-administrator is obstructing administration or failing to perform duties, a petitioner can ask the court for relief such as:

• An order clarifying the powers of each co-administrator or allowing one co-administrator to act alone for this transaction.
• Removal or suspension of a co-administrator for cause (for example, misconduct or failure to perform statutory duties), with the court appointing a successor administrator.

6. How the court-authorized sale works

If the court authorizes sale, it will usually require:

• Public notice to heirs and creditors per probate procedures so claims can be brought.
• A finding that the sale is in the estate’s best interest (e.g., to pay debts and avoid foreclosure loss).
• Approval of the sale terms—sometimes the court will require public auction or set minimum sale terms to ensure fairness.

7. How creditor (lender) rights interact with probate

A mortgage lender generally has an independent right to enforce its mortgage. If the lender forecloses before the estate sells, the lender’s rights may extinguish the estate’s ownership. That is why emergency or expedited petitions asking the court to permit a sale or to permit the estate to cure the mortgage are common.

8. Alternatives and practical options

• Negotiate a short sale or deed in lieu of foreclosure with the mortgagee.
• One co-administrator may post funds to cure arrears (if they choose) and later account to the estate.
• Heirs can agree to buy out the estate’s interest and arrange payment that satisfies the mortgage.

9. Timing and costs

Probate court petitions, hearings, and possible appeals take time and cost money (court filing fees, attorney fees, possible bond requirements). If foreclosure is imminent, ask the court for emergency or expedited relief and notify the lender immediately; courts can issue temporary orders to preserve the estate’s rights while the case proceeds.

Relevant Alaska law resources

Alaska’s probate and fiduciary statutes and the Alaska court rules govern estate administration, court-authorized sales, and removal of fiduciaries. Useful starting points:

• Alaska Statutes, Title 13 (Probate, Trusts, and Fiduciaries): https://www.akleg.gov/basis/statutes.asp
• Alaska Court System — probate information and forms (procedures vary by court): https://courts.alaska.gov/shc/probate/index.htm

What you should do next (practical checklist)

1. Confirm the foreclosure status and any sale date with the lender.
2. Gather estate documents: death certificate, will, letters testamentary/letters of administration, mortgage and payoff statements, title documents, and an appraisal or market analysis.
3. Attempt to reach agreement with the co-administrator and heirs; document communications.
4. Contact the lender to explore forbearance, short sale, or extension—get any agreement in writing.
5. If no voluntary resolution, prepare to file a probate petition asking the court to authorize sale or permit action to avoid foreclosure; request expedited relief if necessary.
6. Consult a qualified Alaska probate or real estate attorney immediately—time-sensitive actions may be needed to preserve the estate’s value.

Helpful hints

• Act quickly: foreclosures move fast; a timely petition to the probate court can stop or delay a foreclosure sale in some circumstances.
• Document everything: keep written records of communications with the co-administrator, heirs, and lender.
• Consider temporary funding: if an heir or co-administrator can temporarily cure the mortgage, that may buy time for a court-ordered sale.
• Use the court’s powers: probate judges can authorize sales, approve short sales, and remove or limit fiduciaries to protect estate assets.
• Costs matter: weigh the likely proceeds from a sale against attorney and court costs—sometimes a negotiated lender resolution (short sale or deed in lieu) is cheaper and faster than protracted litigation.
• Get local counsel: Alaska courts and procedures can vary by location; a local probate attorney can prepare the necessary petition and ask for emergency relief if foreclosure is imminent.

Remember: this article gives general information only. For help tailored to your case, contact a licensed Alaska attorney promptly.