Selling a House in an Estate Facing Foreclosure When a Co-Administrator Refuses to Sign

Short answer: If a co-administrator of a Louisiana succession refuses to sign documents needed to sell estate property, you generally must ask the succession court to resolve the dispute — by authorizing a sale without the co-administrator’s signature, by replacing or removing the co-administrator, or by ordering a partition or sale to satisfy creditors. Work quickly if a foreclosure is pending; your best options include a court-authorized sale, negotiating with the mortgagee, or a temporary court order to stop foreclosure. This is general information and not legal advice.

Disclaimer

This article explains common Louisiana procedures and helpful steps, but it is not legal advice. Consult a licensed Louisiana attorney about your situation before acting.

Detailed answer — what to know and how the process usually works in Louisiana

1. Who has the authority to sell estate property?

In Louisiana, the authority to manage and dispose of succession assets comes from the court’s appointment (letters of administration or testamentary). Whether a co-administrator can sign sale documents depends on (a) what the court order (letters) actually authorizes, and (b) any written agreement between co-administrators or instructions in the will.

2. If a co-administrator refuses to sign, your main legal remedies

• Petition the succession court for an order authorizing the sale without the co-administrator’s signature. The court can grant specific authority to one administrator or to an agent to conclude the sale when necessary to pay debts (including a mortgage) or to preserve estate value.
• Ask the court to remove or replace the co-administrator. Courts can remove administrators for failing to perform duties, misconduct, or deadlock that prejudices the estate.
• File for partition or a judicial sale. If heirs own the property in indivision (co-ownership) and cannot agree, a partition action can force sale and divide proceeds.

3. Time pressure from foreclosure

Foreclosure creates urgency. Mortgage lenders may pursue collection and sale by executory process or judicial foreclosure depending on the mortgage and remedies available. You should:

• Immediately notify the mortgagee/servicer that the property is in a succession and provide contact information and letters of administration if available.
• Request a temporary forbearance, reinstatement amount, or a short sale review while you seek court authorization to sell. Lenders sometimes pause foreclosure while a court-authorized sale proceeds.
• If foreclosure is imminent, file an emergency motion in the succession/civil district court to authorize a sale or to obtain injunctive relief to halt foreclosure while the court decides.

4. Typical court filings and evidence you’ll need

To get court action you will commonly file:

• A petition to the succession court asking for authority to sell the immovable property or to have a co-administrator’s signature dispensed with.
• Evidence of the estate’s need to sell (mortgage statements, foreclosure notices, estate debts, valuations/appraisals, and any offers).
• Copies of letters testamentary/administration and relevant succession documents (will, inventories, etc.).

5. How the court typically resolves disputes

The court will weigh the estate’s obligations, the urgency (foreclosure timeline), creditors’ rights, and heirs’ interests. Common outcomes include:

• Authorization for a sale under court supervision (private sale with court approval or a judicial sale) to pay the mortgage and other debts.
• Appointment of a single administrator with exclusive authority to complete the sale.
• Ordering partition and sale if indivision among heirs prevents a consensual sale.

6. Alternatives to a court-ordered sale

• Negotiate directly with the mortgagee for a deed-in-lieu, loan modification, or short sale (requires lender cooperation).
• Seek a voluntary buyer and ask the co-administrator to sign a limited authority if they will agree to conditions (payment to creditors, distribution plan, etc.).

7. Costs and timing

Court petitions, notices to creditors, appraisals, and potential appeals add time and cost. Emergency petitions and expedited hearings may move faster, but a contested removal or complex partition can take months. Weigh the cost of litigation against the risk of foreclosure and the mortgage balance.

Key Louisiana legal references

Succession and estate administration procedures and the authority of administrators are governed by Louisiana succession law and related court rules. Foreclosure remedies and timing can involve the Louisiana Civil Code and the Code of Civil Procedure.

• Search Louisiana statutes and rules on succession and administration: https://legis.la.gov/Legis/LawSearch.aspx?txtSearch=succession
• Search for Louisiana Code of Civil Procedure provisions on executory process and foreclosure procedures: https://legis.la.gov/Legis/LawSearch.aspx?txtSearch=executory+process
• Search for partition and co-ownership rules: https://legis.la.gov/Legis/LawSearch.aspx?txtSearch=partition+property

Helpful Hints

• Act fast. Foreclosures can move quickly. Give written notice to the lender that the property is in succession and provide contact info for the administrator.
• Gather documents now: death certificate, will, letters of administration, mortgage statements, property tax bills, and any communications from the lender.
• Talk to the mortgage servicer early. Ask about short-sale approval, deed-in-lieu, or temporary forbearance while you sort succession court authorization.
• Consider an emergency court petition asking for authority to sell or a temporary restraining order to stop foreclosure while the court decides.
• If multiple heirs own the property in indivision, consider a partition action if you cannot achieve agreement. Partition can force a sale and divide net proceeds.
• Document all attempts to resolve the refusal (emails, certified letters). The court will want to know you tried to avoid litigation.
• Consult a Louisiana succession/real estate attorney. They can draft the correct petition, identify the quickest remedy, and negotiate with the lender effectively.

When to get a lawyer

Get an attorney as soon as you learn of a foreclosure threat and a co-administrator’s refusal to sign. An attorney can file emergency motions, negotiate with the mortgagee, and explain whether you should seek removal of the co-administrator, court authorization to sell, or partition.

Again, this information is educational only and does not substitute for the advice of a licensed attorney. Laws and procedure change; a Louisiana-licensed lawyer can apply the rules to your facts and represent you in court.