Can an estate sell a house in probate if a co-administrator refuses to sign?

Short answer: Yes — but usually only with court involvement. If one co-administrator refuses to sign, the probate court can (1) authorize the sale over the holdout, (2) appoint a substitute or special administrator to handle the sale, or (3) remove the refusing co-administrator for failing to fulfill duties. You will likely need to ask the probate court for an order allowing the sale or other relief, and you should also communicate with the lender about foreclosure options while the court process proceeds.

Detailed answer — step-by-step under Missouri law

This answer assumes the estate is being administered in Missouri and the decedent’s real property is in the estate, with a co-administrator (co-personal representative) appointed. The property is at risk of foreclosure and one appointed co-administrator refuses to sign documents to sell the house. The process below explains common legal options and practical steps.

1. Review the will, letters testamentary/letters of administration, and any court orders

First, confirm what authority the personal representatives already have. Missouri appointment papers (letters testamentary or letters of administration) and the will may grant specific powers to sell estate real property. If the will or letters expressly give one representative sole power to sell, that can simplify matters. If powers are not clear, you will generally need court permission to proceed without unanimous consent.

2. Try to resolve the refusal by agreement

Before going back to court, attempt these practical steps:

• Explain the foreclosure timeline and consequences to the co-administrator.
• Offer appraisal info, a proposed purchase offer, or a short-sale plan to show reasonableness.
• Propose using sale proceeds to pay the mortgage and other estate debts, with appropriate accounting.

3. Communicate with the mortgage lender immediately

Tell the lender the property is in probate and one representative refuses to cooperate. Lenders often grant short forbearance, accept a short sale, or negotiate a deed in lieu if they understand the probate timeline. Do not assume foreclosure will be immediate — but act promptly. If a sale is imminent, you can ask the lender to postpone sale pending a court petition to sell the property.

4. Petition the probate court for authority to sell — the common route in Missouri

If negotiation fails, file a motion in the probate court handling the estate asking the court to:

• Authorize the sale of the real property free and clear (subject to the mortgage),
• Appoint a special administrator or allow one co-administrator to act alone, or
• Authorize a sale on terms the court finds reasonable (including short sale approval if needed).

The court has statutory authority over estate administration and property sales. Missouri probate procedure allows the court to make orders necessary to administer the estate and protect creditors and heirs. The court can issue an order permitting sale over the objection of a co-representative where it finds the sale is in the estate’s best interest.

See Missouri statutes governing probate and administration for general authority and procedures: Missouri Revised Statutes, Chapter 473 (Probate) and related provisions on administration. For general statutory text and court rules see the Missouri Revisor of Statutes: Missouri Revised Statutes – Chapter 473 (Probate). Also review practical probate procedures on the Missouri Courts website: Missouri Courts.

5. Ask for appointment of a special administrator or removal of an uncooperative co-administrator

If a co-administrator is refusing without good cause and causing loss to the estate (for example, letting a property go to foreclosure), the court may:

• Remove or suspend the co-administrator for failing to perform duties,
• Appoint a special administrator with limited power solely to preserve or sell the property, or
• Authorize one of the administrators to act alone for the purpose of the sale.

Ask the probate court for temporary emergency relief if foreclosure is very near — a temporary order may delay foreclosure and preserve the property while the court decides. Courts can act quickly on emergency petitions when necessary to prevent loss to the estate.

6. Follow sale procedure ordered by the court

If the court authorizes sale, comply strictly with the court’s order: give required notices to heirs and creditors, publish or provide notices if ordered, obtain appraisals if required, and follow any bidding or sale processes the court mandates. After sale, provide accounting to the court and distribute proceeds according to the decree (pay mortgage/secured creditor first, then other debts, then distribute remainder to heirs). Missouri probate procedures and local court rules control specifics.

7. If foreclosure occurs before court action succeeds

If the lender forecloses before you can obtain relief, you may still be able to challenge the foreclosure or work with the purchaser to recover value — but that becomes a more complex litigation involving mortgage foreclosures and property rights. That is why early lender communication and expedited court petitions are crucial.

Practical documents and evidence to prepare for the court

• Letters testamentary or letters of administration (proof of appointment).
• The will (if any) and any instrument authorizing sale.
• Mortgage statements, notice of default, or foreclosure sale notice from the lender.
• Current appraisal or broker price opinion to show fair market value.
• Proposed sale contract or lender short-sale approval offer, if available.
• Accounting showing estate assets, debts, and why the sale is needed to satisfy obligations.

Why the probate court is usually the decisive authority

Probate courts supervise estate administration and balance interests of heirs and creditors. When co-personal representatives disagree, the court steps in to prevent estate waste (including foreclosure). The court’s power to authorize sales, appoint a special administrator, or remove a representative is intended to keep the estate solvent and to protect creditors and beneficiaries.

Helpful links

• Missouri Revised Statutes — Probate chapter: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
• Missouri Courts (information and local court contacts): https://www.courts.mo.gov
• General Missouri statutes and search: https://revisor.mo.gov/

Helpful Hints

• Act fast. Foreclosure timelines are tight — contact the lender and file an emergency probate petition if necessary.
• Document everything. Keep written records of communications with the co-administrator and lender, and preserve notices of default or sale.
• Seek a sale order rather than trying to close without court authority. A sale without court approval (if required) risks later reversal and liability.
• Consider a short sale or deed in lieu. Lenders often prefer a negotiated resolution to foreclosure and may accept one if you show probate court steps are underway.
• Prepare a compact, clear petition for the court: show the mortgage balance, foreclosure timing, proposed sale price or strategy, and why the court should act despite the co-administrator’s refusal.
• If time is short, request temporary/emergency relief and appointment of a special administrator to act immediately to protect the estate.
• Consult a probate attorney quickly. While this article explains typical steps, an attorney can prepare the petition, appear in court, and negotiate with lenders.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It summarizes typical options under Missouri probate practice but cannot account for all facts or local court rules. Consult a licensed Missouri probate attorney to get advice tailored to your situation.