How to get an estate house sold when a co-administrator won’t sign — Massachusetts FAQ

If an estate-owned house faces foreclosure and one co-administrator refuses to sign sale paperwork, the probate court can resolve the deadlock and authorize action to protect the estate. Below is a clear, practical walkthrough of how this typically works in Massachusetts, what you should do right away, and what to expect from the Probate and Family Court.

Detailed answer — immediate steps and the court process

1. Act immediately to stop or slow the foreclosure

Foreclosure deadlines move quickly. First steps often determine whether you can keep the property or maximize sale proceeds. Do these right away:

• Gather the estate paperwork: the will (if any), Letters Testamentary or Letters of Administration, estate inventory, mortgage statements, and any foreclosure notices or communications from the lender.
• Contact the lender or loan servicer and tell them the home is owned by a probate estate. Ask for a temporary forbearance, a hold while Probate Court authority is sought, or a loss-mitigation window so the estate can pursue a sale. Lenders sometimes pause the foreclosure if they know a probate sale is imminent.
• Talk to the co-administrator to confirm the reason for refusal and explore compromise (price, terms, or assigning sale authority to one administrator). If communication helps, document it in writing and share with the court if needed.

2. If the co-administrator still refuses: file in Probate and Family Court

When co-personal representatives cannot agree, Massachusetts probate law gives the Probate and Family Court authority to step in. You or another interested person (including a creditor or beneficiary) can file a petition asking the court to:

• Authorize sale of the real property despite the co-administrator’s refusal;
• Appoint one co-administrator as the sole personal representative for the purpose of selling the property;
• Remove or suspend a personal representative for cause if their refusal amounts to neglect, misconduct, or failure to perform duties; or
• Appoint a temporary special administrator or receiver to preserve and sell the property quickly to prevent loss to the estate.

The court can hear an expedited request if foreclosure is imminent. The judge may issue an order authorizing a sale, approve a short sale, or allow a deed-in-lieu of foreclosure under court supervision. The court will balance the estate’s duty to creditors (including the mortgage lender) and the beneficiaries’ rights.

3. Typical court steps and what to expect

1. File a petition in the Probate and Family Court where the estate is probated, asking for authority to sell or for appointment of a special fiduciary. Attach copies of relevant notices and the reason for urgency.
2. Serve notice on interested persons (co-administrators, beneficiaries, creditors, and the lender). The court will set a hearing date; emergency hearings are possible if foreclosure is scheduled soon.
3. At the hearing, present evidence: foreclosure notices, mortgage payoff figures, a proposed purchase agreement (if you have a buyer), or an appraisal showing the market value.
4. If the court approves the sale, it will issue an order authorizing the sale and specifying how sale proceeds are handled (pay mortgage, pay estate expenses, distribute to creditors or beneficiaries). The court may require the judge to approve the final sale terms or may allow the personal representative to sell under conditions set by the court.
5. If the court appoints a receiver or special administrator, that person has authority to act quickly to list, sell, or negotiate with the lender.

4. Alternatives to a court-ordered sale

If possible, consider alternatives that may resolve the situation faster and avoid a contested court proceeding:

• Negotiate a short sale with the lender (the lender agrees to accept less than full payoff).
• Offer a deed-in-lieu of foreclosure if the lender accepts it, which can be faster and less costly.
• Have beneficiaries buy out the refusing co-administrator’s interest, if that resolves the dispute.

5. What happens to sale proceeds and the mortgage

Proceeds from a court-authorized sale normally pay valid estate debts first (including the mortgage), then administrative expenses, and finally distribute to beneficiaries per the will or intestacy rules. The probate court supervises that accounting.

Legal basis and where to look in Massachusetts law

Massachusetts law vests the Probate and Family Court with authority to supervise personal representatives, resolve disputes among them, and authorize sale of estate real property. See the Massachusetts Uniform Probate Code (Chapter 190B) for the statutory framework for estate administration and fiduciary powers: M.G.L. Chapter 190B (Massachusetts Uniform Probate Code). For local filing, forms, and procedural guidance, consult the Probate and Family Court pages: Massachusetts Probate and Family Court.

When to hire an attorney

You should consult an experienced probate or real estate attorney if:

• Foreclosure is days or weeks away and you need an emergency court order.
• The co-administrator’s refusal seems wrongful or obstructive and you may need to petition for removal, surcharge, or appointment of a receiver.
• The lender will not negotiate without court documentation of authority to act for the estate.

An attorney can prepare the petition, request an emergency hearing, negotiate with the lender, and present the estate’s case to the court efficiently.

Helpful hints

• Act fast. Foreclosure timetables can outpace probate timelines if you wait.
• Collect and organize documents before filing: Letters of authority, mortgage statements, foreclosure notices, insurance and tax bills, and any communications with the co-administrator or lender.
• Keep detailed records of conversations and written offers. The court will want clear evidence of attempts to resolve the dispute.
• Ask the lender for written confirmation of any forbearance or pause — do not rely on verbal promises.
• Consider filing for an expedited hearing or temporary injunctive relief if foreclosure sale is imminent.
• If possible, line up a buyer or broker before filing. A signed purchase and sale agreement helps persuade the court that selling now serves the estate’s best interests.
• Remember the court balances creditor rights with beneficiary interests; showing you aim to maximize sale proceeds strengthens your case.

Resources

• Massachusetts Uniform Probate Code (Chapter 190B): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Probate and Family Court — Massachusetts Trial Court: https://www.mass.gov/orgs/probate-and-family-court
• Probate forms and local court contact information: visit the Probate and Family Court page above for links to forms and local court numbers.

Disclaimer: This article explains general Massachusetts probate procedures and common practical steps. It is educational information, not legal advice. For guidance about specific facts, timelines, or filings, contact a licensed Massachusetts probate or real estate attorney or the local Probate and Family Court.