Detailed Answer — How to sell an estate house facing foreclosure when a co-administrator refuses to sign (Colorado)

Short answer: If an estate’s co-administrator refuses to sign sale documents, the probate court can step in. In Colorado you can ask the probate court to authorize a sale without the co-administrator’s signature, remove or limit that co-administrator’s authority, or appoint a special representative to handle the sale. Because the property is also at risk of foreclosure, act quickly: contact the mortgage holder immediately, consider alternatives (loan modification, short sale), and file an emergency probate petition asking the court to approve a sale or otherwise preserve the estate’s equity.

This is educational information and not legal advice. Consult a Colorado attorney about the specifics of your case.

Why the probate court can resolve this

When someone dies and their real property must be handled through probate, the personal representative(s) (sometimes called executor, administrator, co-administrator) have a fiduciary duty to administer the estate, pay valid debts, and distribute remaining assets. Under Colorado’s probate law (the Colorado Uniform Probate Code), the court oversees the administration and has power to authorize sales of estate property and to remove or limit a personal representative who fails to perform duties. See the Colorado Uniform Probate Code (Title 15) for governing rules: https://leg.colorado.gov/statutes/title-15-uniform-probate-code

Typical legal steps to sell a probate property when a co-administrator refuses to sign

1. Confirm authority and title status. Determine whether the house is part of probate (was it solely in decedent’s name or owned jointly with rights of survivorship?). If the property passed outside probate (joint tenancy, payable-on-death, living trust), probate procedures may not apply. If probate is required, confirm who is appointed as personal representative(s).
2. Talk to the lender immediately. A mortgage servicer can sometimes delay a trustee sale, accept a short sale application, or provide a temporary loss-mitigation option. If foreclosure sale is imminent, time is critical — contact the lender and explain the probate status and intent to sell.
3. Attempt to resolve internally. Try to get the refusing co-administrator to cooperate with clear written requests, and document communications. If the refusal is based on valuation or distribution concerns, consider a neutral appraiser or written sale terms that protect all interest holders.
4. File a probate motion or petition asking the court to authorize the sale. If the co-administrator still refuses, file a petition in the county probate court asking for an order permitting the sale of the real property by the acting personal representative or by a court-appointed agent. Colorado probate courts routinely authorize sales of estate real property to pay debts or preserve value. See Colorado Uniform Probate Code (Title 15): https://leg.colorado.gov/statutes/title-15-uniform-probate-code
5. Ask the court to appoint a special personal representative or to remove/limit the co-administrator. If the co-administrator is failing to perform duties, you can ask the court to remove them or to appoint a special representative empowered to sell the property. The court decides based on the record and the estate’s best interests. The court can also issue an order that a deed may be executed without the refusing co-administrator’s signature.
6. Seek expedited relief if foreclosure is imminent. If a trustee sale or foreclosure is scheduled quickly, file an emergency motion asking the probate court to act on an expedited schedule and to enter an order preserving the estate’s interest (for example, ordering a sale under court supervision or asking the court to stay the trustee sale while the estate seeks financing or a short sale). Simultaneously, work with the lender to delay foreclosure if possible. Note: foreclosure law is governed by Colorado property law (Title 38): https://leg.colorado.gov/statutes/title-38-property
7. Court-authorized sale and closing. If the court authorizes sale, the order will typically state who may sign documents, how proceeds are to be applied (pay mortgage and estate debts, fund expenses, distribute net proceeds), and whether court confirmation of the sale is required. The personal representative or court-appointed agent can then sign closing documents and transfer title even if one co-administrator previously objected.
8. Distribution and accounting. After sale and paying valid estate debts (including mortgage payoff and foreclosure costs), the personal representative files an accounting and seeks instructions from the court for distribution to beneficiaries.

How foreclosure timelines and remedies interact with probate

Foreclosure procedures in Colorado can proceed outside probate if a mortgage is in place (nonjudicial power-of-sale foreclosures are common). That means a trustee’s sale could occur even while probate is pending. Because of this overlap you should:

• Contact the lender right away to request a temporary delay or to submit a short sale package.
• Ask the probate court for expedited authority to sell so you can pay off the mortgage before a trustee sale.
• Consider filing a motion asking the court to authorize paying the mortgage from estate funds or from sale proceeds to avoid loss of equity.

Colorado property statutes (Title 38) describe foreclosure mechanics and timelines: https://leg.colorado.gov/statutes/title-38-property

When to consider a short sale or deed-in-lieu

If the estate owes more than the property is worth, a short sale or deed-in-lieu of foreclosure may be the practical route. The lender must approve a short sale; the probate court can authorize the personal representative to negotiate and accept a short sale if it’s in the estate’s best interest. If the co-administrator refuses, the court can grant authority to proceed to avoid foreclosure losses.

Costs, timing, and likely outcomes

• Probate motions and court hearings typically take weeks to months depending on court backlog and whether emergency relief is needed.
• Removing a personal representative or appointing a special representative requires evidence and a hearing; courts generally prefer cooperative administration but will act when there’s harm to the estate.
• Sale proceeds will first pay valid estate debts (including the mortgage). Any remaining funds are distributed according to the will or Colorado intestacy rules. See Title 15: https://leg.colorado.gov/statutes/title-15-uniform-probate-code

Practical next steps (what you should do now)

1. Get the mortgage servicer’s contact information and tell them the owner died and the estate intends to sell. Ask about loss-mitigation and whether a sale short of foreclosure is possible.
2. Gather documents: death certificate, will (if any), letters testamentary/letters of administration (if already issued), mortgage statement, title info, and any communications with the co-administrator.
3. Contact a Colorado probate attorney immediately. Time-sensitive decisions (to stop a foreclosure sale or file an emergency probate motion) often require counsel familiar with local procedure.
4. If you cannot afford an attorney, contact the Colorado Judicial Branch self-help resources or local legal aid for guidance on filing emergency motions in probate court: https://www.courts.state.co.us/

Helpful Hints

• Document everything: keep records of calls/emails with the lender and co-administrator; this helps the court and any interested parties.
• File for probate as soon as possible if it’s required. Delays can reduce options to deal with foreclosure.
• Ask the court for narrow, specific relief — e.g., authority to sign sale documents or appointment of a limited agent for the sale — rather than a broad removal if you need speed.
• Keep beneficiaries informed. Courts look more favorably on cooperative efforts and evidence that the petitioner acts in the estate’s best interest.
• Consider mediation with the co-administrator if time allows; some disputes resolve quickly when a neutral mediator frames the financial facts.
• If foreclosure is imminent, combine parallel efforts: (a) urgent contact with the lender, (b) emergency probate petition, and (c) immediate outreach to counsel for a coordinated approach.

Resources

• Colorado Uniform Probate Code (Title 15): https://leg.colorado.gov/statutes/title-15-uniform-probate-code
• Colorado property and foreclosure statutes (Title 38): https://leg.colorado.gov/statutes/title-38-property
• Colorado Judicial Branch — forms and probate information: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=83

Again, this is general information, not legal advice. For specific guidance about a probate sale or foreclosure in Colorado, consult a licensed Colorado attorney right away.