Short answer

If an estate-owned house is at risk of foreclosure and a co-administrator refuses to cooperate, the usual path in Nebraska is to ask the probate court for authority to sell the property or for relief that allows one administrator to act. The court can authorize a sale or remove or limit a co-administrator’s powers when needed to protect estate assets and pay creditor claims. You should act quickly because foreclosure timelines proceed regardless of administration disputes.

Detailed answer — step-by-step under Nebraska law

1. Confirm who has authority and review estate documents

   Start by locating the will (if any), the letters testamentary or letters of administration, and any court orders appointing personal representatives (administrators). The document that created the co-administration and the court’s order define each administrator’s powers. If you cannot find these records, request a certified copy from the probate court that opened the estate.

2. Check the foreclosure status and communicate with the lender

   Determine whether the lender has started foreclosure, served a notice of default, or scheduled a sale. Contact the lender or its counsel immediately. Many lenders will pause a scheduled sale if the probate court is actively considering a motion to authorize a sale or if the estate pursues a short sale or reinstatement. Quick communication preserves options.

3. Petition the probate court for authority to sell

   If a co-administrator refuses to sign sale documents, file a petition in probate court asking the judge to authorize the sale of estate real property. Under the Nebraska Probate Code (see Neb. Rev. Stat. Chapter 30), the court has power to direct, approve, or confirm sales of estate assets when personal representatives cannot agree. Link: Nebraska Probate Code (Chapter 30).

   The petition typically asks the court to:

   • Authorize a private sale or order a sale at public auction,
   • Approve negotiated sale terms (for example a short sale),
   • Authorize an emergency or expedited sale if foreclosure is imminent, and
   • Allocate sale proceeds to pay mortgage arrears, foreclosure costs, estate expenses, and creditors.

4. Seek temporary or expedited relief if foreclosure is imminent

   When a foreclosure deadline is near, ask the court for an expedited hearing or temporary injunctive relief that prevents foreclosure until the court decides the sale petition. Courts can act quickly in emergency situations to prevent irreparable loss to the estate.

5. Ask the court to remove or limit the co-administrator if needed

   If a co-administrator refuses to cooperate and that refusal prejudices the estate (for instance, allows foreclosure to proceed), you can petition to remove or limit that person’s authority. Grounds include failure to perform duties, refusal to follow court orders, conflict of interest, or misconduct. The court may remove the co-administrator, suspend powers, or appoint a successor personal representative.

6. Propose alternatives to full sale

   Before or during court proceedings, consider alternatives the court will weigh, such as:

   • Reinstating the loan or making a cure payment,
   • Negotiating a loan modification with the lender,
   • Short sale (with lender approval),
   • Deed in lieu of foreclosure, or
   • Private sale to a family member or third party with court approval.

   Presenting a realistic, lender-approved proposal strengthens a petition to sell and can speed resolution.

7. Prepare required notices and follow probate procedures

   Probate rules require notice to interested persons, publication in some cases, and time for objections. The court will ensure creditor claims and distribution priorities are handled. Expect the court to require appraisals or a realtor’s market analysis to justify the sale price and to instruct how sale proceeds will be used.

8. Complete the sale with court approval

   When the court approves a sale, it will issue an order setting sale terms or approving a sale contract. After closing, the personal representative must account for the proceeds in the estate accounting and distribute funds under Nebraska law (paying secured creditors, funeral/administration expenses, and then heirs or beneficiaries).

Throughout this process, the probate court’s authority is central. The court can resolve deadlocks between co-administrators and act to preserve estate assets. For reference to Nebraska probate law, see the Nebraska Probate Code: Neb. Rev. Stat. Chapter 30.

What the court will consider

• Whether sale is necessary to satisfy debts or prevent loss of value.
• The reason for the co-administrator’s refusal (legitimate dispute vs. obstruction).
• Whether a lender will accept a short sale or other alternative.
• Fair market value and whether the proposed sale is reasonably priced.
• Protection of creditors’ rights and heirs’ interests.

Typical timeline and urgency

Foreclosure timelines run independently of probate. If the lender has scheduled a sale in days or weeks, you must move quickly to obtain temporary relief or an expedited court order. If foreclosure is only threatened, you have more time to negotiate with the lender and to seek normal probate hearings.

Practical documents and evidence to gather now

• Death certificate and will (if any).
• Letters testamentary or administration.
• Mortgage note, deed of trust, and notices from the lender.
• Current mortgage statement and payoff demand.
• Property deed and legal description.
• Recent appraisal, broker price opinion, or comparable sales.
• Copies of communications showing the co-administrator’s refusal (emails, letters).

How sale proceeds are typically applied

Proceeds go to pay secured creditors (mortgage), estate administration costs, taxes, and then unsecured creditors. Any leftover funds go to heirs or beneficiaries under the will or intestacy rules. The personal representative must account for receipts and disbursements to the probate court.

When to get an attorney

You should consult a probate or real estate attorney promptly if:

• Foreclosure is imminent.
• A co-administrator refuses to cooperate and the estate needs to sell property.
• There is a conflict over how sale proceeds should be used or distributed.

An attorney can prepare the petition, request expedited hearings, negotiate with lenders, and represent the estate in removal or accounting proceedings.

Helpful Hints

• Act immediately when you learn of foreclosure. Delay can eliminate options.
• Document all communications with the co-administrator and lender.
• Try to negotiate a short sale or loan modification before filing in court — lenders often prefer avoiding foreclosure.
• Obtain at least one appraisal or broker opinion to justify sale price to the court.
• Consider mediation with the co-administrator to avoid court delay and expense.
• Keep receipts and records of all estate expenses; the court will require an accounting.
• Expect the court to prioritize secured mortgage debt when distributing sale proceeds.
• If removal of a co-administrator becomes necessary, be prepared to show how their conduct prejudices the estate.