Summary / brief answer

If an estate-owned home is facing foreclosure and a co-administrator refuses to sign a sale, you generally cannot complete a clean private sale relying only on the other administrator’s signature. Illinois probate courts have authority to approve sales of estate property, appoint a special representative (such as a special administrator or receiver) to protect the asset, or remove/replace a co-administrator who is failing to perform duties. The safe, effective route usually is a petition in probate court asking for (a) court approval of a sale or (b) appointment of a special administrator/receiver with power to sell. If foreclosure is imminent, the court can authorize emergency relief or permit a quick sale to stop the foreclosure. Because procedures and timelines matter in foreclosure situations, contact an attorney promptly.

Detailed answer — step-by-step under Illinois law

1. Confirm who has legal authority to sell

First, determine how the estate is administered. If there is a will, it may name an executor; if not, the court appointed one or more administrators. Often co-administrators share signatory authority, but that authority comes from the probate court’s order. Check the Letters of Office (letters testamentary or letters of administration) issued by the probate court to see what authority each administrator has.

2. Understand why a co-administrator can block a private sale

A deed transferring estate real estate should be signed by whoever the court recognizes as the fiduciary with authority. If two co-administrators are appointed, many title companies and buyer lenders require both to sign unless the probate court has given one administrator exclusive authority. If a co-administrator refuses to sign, the usual remedies are judicial — you must go back to the probate court.

3. File a petition in probate court to sell the property

Under the Illinois Probate Act, the personal representative may petition the probate court to approve sale of estate real estate. The court can approve a sale even over the objection of a co-administrator if the sale is in the estate’s best interest. Filing a petition for sale includes notice to interested persons (heirs, beneficiaries, creditors) and a request for authority to sell free and clear of claims, if appropriate. See the Illinois Probate Act for general statutory framework: 755 ILCS 5/ (Probate Act of 1975).

4. Ask the court to appoint a special administrator, receiver, or commissioner

If foreclosure is imminent and the co-administrator will not cooperate, the probate court can appoint a special administrator, receiver, or commissioner with limited powers to preserve the property and sell it if needed. That appointee can execute documents and take actions authorized by the court order. This is often the fastest way to stop foreclosure and complete a sale when one fiduciary is obstructive.

5. Seek removal or limitation of the co-administrator

If a co-administrator is breaching fiduciary duties or unlawfully refusing to act, you can ask the court to remove them or limit their authority. Removal is an extreme remedy and usually requires proof (e.g., failure to perform duties, conflict of interest, fraud). The probate court has broad equitable powers to protect estate property and beneficiaries.

6. Use expedited relief if foreclosure or other imminent harm exists

When foreclosure sale dates are imminent, probate courts can provide emergency relief: temporary authority to sell, appointment of a receiver, or injunctions to pause foreclosure procedures while the court sorts out the estate’s issues. Separately, the mortgagee may be willing to accept a short-term forbearance, a loan reinstatement, or to negotiate a sale closing directly with the estate’s court-appointed representative — but they usually want clear court authorization or a title-insurance-ready deed.

7. Work with title company and mortgage lender

Title companies and lenders will require a deed signed by the authorized fiduciary and proof of court authority if only one co-administrator signs. They may require an order approving the sale and directing the county recorder to accept the deed. Coordinate any sale agreement with the probate court schedule and the lender’s foreclosure timeline.

8. Consider alternatives: short sale, deed in lieu, or paying off the mortgage

If the estate cannot pay the mortgage, consider negotiating a short sale or deed-in-lieu with the lender. Lenders will typically require that whoever negotiates or closes the transaction have proper court authority to transfer title — another reason to get a court order or appointment of a special representative.

9. Costs, distribution, and creditor priority

Proceeds of the sale generally pay mortgage and foreclosure-related costs, funeral and administration expenses, valid creditors, and then beneficiaries according to the will or intestacy rules. Keep careful records; the personal representative must account for receipts and expenses to the probate court and beneficiaries.

10. Timeline and practical expectations

How long this takes depends on local court schedules and complexity. A straightforward petition for sale and court order can sometimes be obtained in a few weeks; contested petitions or removal proceedings can take months. If foreclosure is near, request emergency relief and show the court evidence of imminent loss (notice of foreclosure sale, mortgage default letters).

Relevant Illinois statutes and authorities

• Illinois Probate Act (general rules for administration and court powers): 755 ILCS 5/ (Probate Act of 1975)
• Illinois foreclosure process (Code of Civil Procedure: judicial foreclosure provisions): 735 ILCS 5/15-1501 et seq.

Note: The links above point to the Illinois General Assembly official website for the statutes mentioned.

Helpful hints

• Act quickly. If you have a foreclosure notice, collect it and bring it to the probate court or an attorney immediately.
• File a written petition in probate court asking for (a) authority to sell, (b) appointment of a special administrator or receiver, or (c) emergency relief. Attach evidence of the foreclosure threat.
• Keep beneficiaries informed. The court will require notice to heirs and beneficiaries; cooperating beneficiaries strengthen your position.
• Gather documents before filing: Letters of Office, mortgage statements, foreclosure notices, title report, proposed purchase agreement (if a buyer exists), and a short statement of why the co-administrator refuses to sign.
• Consider negotiating with the lender while the court process runs. Lenders sometimes accept short sales or workout plans if they see court action underway that could preserve or maximize recovery.
• Don’t sign sale paperwork that lacks court approval if the title company or lender requests a court order. That can create later challenges to title and delay closing.
• Ask the court for costs and fees authority. The court can authorize payment of reasonable fees and expenses from sale proceeds to cover administration and legal costs.
• If time is extremely short, request a temporary restraining order or injunction from the probate court to delay a foreclosure sale while you obtain a full order authorizing a sale or appointment.