Detailed answer — how the process normally works and what to do next

1. Who can sell estate property?

When someone dies and the probate court appoints personal representatives (sometimes called administrators or co‑administrators), those representatives have authority to collect assets, preserve the estate, and sell real property when needed to pay debts or distribute the estate. If there are co‑personal representatives, many routine acts require either both signatures or a court order allowing one to act alone.

2. Immediate steps if foreclosure is imminent

• Confirm the foreclosure timeline: find the mortgage, note the date of default and any notice of repossession or foreclosure sale. Lenders sometimes send a notice of default and a sale date.
• Contact the mortgage servicer immediately to discuss payoff options, short sale, loan modification, or temporary forbearance. Explain the property is in probate; lenders often will work with an estate representative.
• Gather estate documents: letters testamentary/letters of authority, death certificate, mortgage, will (if any), title, and any communications from the lender.

3. If a co‑administrator refuses to sign, the usual legal remedies

Michigan probate law gives the probate court power to resolve disputes between personal representatives and to authorize actions necessary to administer the estate. Key paths are:

1. Petition the probate court for authorization to sell: A co‑representative can file a petition asking the court to authorize sale of the real property. The court can grant authority that permits sale by one personal representative despite the other’s refusal. The petition should explain why sale is necessary (e.g., to pay mortgage to avoid foreclosure) and provide notice to interested persons.
2. Ask the court to appoint a successor or to remove a co‑administrator: If a co‑administrator refuses to carry out duties, the court can remove or replace that person for cause or convenience. That petition asks the court to appoint a different personal representative who will cooperate in administration.
3. Seek emergency or expedited relief: If a foreclosure sale is imminent, you can request an expedited hearing or emergency order to allow a quick sale or to stop foreclosure temporarily long enough to market and sell the property. Probate courts can act quickly in emergencies but will require a clear showing of urgency and proof of notice to interested parties.
4. Negotiate with the lender for a short sale or stay: While petitions proceed, work with the lender to delay sale, accept a short payoff, or agree to a deed in lieu of foreclosure. Lender approval often accomplishes the goal faster than court action.

4. What the petition for sale typically asks the court to do

A petition for sale (or motion) usually asks the probate court to:

• Authorize the personal representative to list and sell the property;
• Approve the sale terms and a method for receiving offers (sometimes by court confirmation or by selling on the open market through a broker); and
• If necessary, allow sale proceeds to be used to pay the mortgage and administrative costs.

5. Notice and creditor rights

Probate actions require notice to beneficiaries, heirs, creditors, and other interested persons. The court will set notice periods and may schedule hearings. Creditors have rights to be paid from estate assets; a mortgage holder is a secured creditor who can continue foreclosure unless paid, negotiated with, or enjoined by the court in the limited circumstances the court finds appropriate.

6. Practical timeline and expectations

Timelines vary. A negotiated short sale with the lender can be fastest (days to weeks). A contested probate petition or motion to remove a co‑administrator can take longer (weeks to months). If foreclosure sale is scheduled within days, contact the lender immediately and file an emergency petition to the probate court the same day to preserve options.

7. Bankruptcy as a last‑resort option

Filing bankruptcy for the estate is complicated and uncommon, but an individual beneficiary who owns an interest might file bankruptcy to temporarily stop a foreclosure. Bankruptcy stays are temporary and involve other consequences; consult a bankruptcy lawyer before choosing this path.

8. When the court approves a sale

If the probate court authorizes a sale, the personal representative can sign and close the sale pursuant to the court’s order. The sale typically pays off the mortgage at closing and covers estate administration costs before distributing remaining proceeds to heirs or beneficiaries according to the will or Michigan intestacy rules.

Relevant Michigan law (where to read more)

Michigan’s Estates and Protected Individuals Code (EPIC) governs personal representatives and estate administration. Relevant provisions give the probate court authority to appoint and remove personal representatives and to supervise sale of estate property. See the Michigan Legislature’s EPIC chapter for statutory language: https://www.legislature.mi.gov/(mileg.aspx?page=chapter&chapter=700).

Because specific statute section numbers and rules govern procedure, bring copies of your letters of authority and the probate case number to the probate court clerk and ask what filing, forms, and notice are required for a petition to sell or a petition to remove a representative.

Helpful Hints

• Act immediately if a foreclosure sale is scheduled. Time is critical.
• Talk to the mortgage servicer first—lenders may delay a sale if you are working on a sale or short sale.
• Collect probate paperwork (letters testamentary/letters of authority) and the death certificate before filing motions.
• File a petition in probate court asking for authority to sell if the co‑administrator will not sign. Ask for expedited relief if needed.
• Consider a short sale or deed in lieu as quicker alternatives to a full market sale when a loan balance exceeds value.
• Keep beneficiaries informed and document efforts to sell and to contact the lender.
• If the estate lacks funds to preserve or market the home, ask the court for permission to advance expenses or for authority to sell quickly.
• Get legal help. Probate litigation and foreclosure interactions can be complex and time‑sensitive.