Answer: How to sell estate real estate in Tennessee when a co-administrator refuses to sign and foreclosure is looming

Disclaimer: This is general information, not legal advice. I am not a lawyer. For help specific to your situation, consult a Tennessee probate attorney before taking action.

Detailed answer — step-by-step for Tennessee

If a decedent’s estate owns a home that is facing foreclosure, time is critical. The administrator (or co-administrators) normally handles estate business, including selling estate property to pay debts such as a mortgage. When a co-administrator refuses to sign the documents needed to sell, Tennessee law gives the probate court tools to allow a sale despite that refusal. Below are practical steps you can take and the legal routes a probate court typically uses in Tennessee.

1. Confirm authority and paperwork

• Locate the Letters of Administration or Letters Testamentary issued by the probate court. These are the court documents that identify who has authority to act for the estate.
• Check the will (if any) and the court’s order appointing co-administrators. The order may describe any limits on the administrators’ authority.

2. Talk to the mortgage holder and explore loss-mitigation

• Contact the lender immediately, explain the estate situation, and ask about forbearance, loan modification, or a short sale. Lenders often prefer an orderly sale to foreclosure.
• Even if an administrator is refusing to sign, the lender may accept a court order selling the property if the probate court authorizes the sale.

3. File a petition with the probate court to sell the property

• If the co-administrator refuses to sign, the administrator who wants to sell should file a petition in the probate court that issued the Letters of Administration. Typical relief requested includes an order authorizing a sale of the estate real property free and clear (to the extent allowed) and approval to use sale proceeds to pay debts including the mortgage.
• The petition should explain the foreclosure threat, include a proposed contract or sale terms if available, and identify why the sale is necessary (e.g., to avoid loss from foreclosure and to preserve value for the estate). Attach Letters of Administration, inventory/appraisal if available, and any communications with the lender.

4. Ask the court to permit sale over the co-administrator’s refusal or to appoint a single administrator

• Tennessee probate courts have authority to supervise estate administration and to order necessary actions. If co-administrators disagree, a court can authorize one administrator to act alone for a specific transaction or can remove an administrator for cause and appoint a successor. The court can also directly order a sale of estate property when it is in the estate’s best interest.
• Typical motions include: (a) motion to approve sale of real estate; (b) motion to authorize a fiduciary to execute documents and convey title; and (c) motion to remove or suspend a co-administrator who is obstructing administration.

5. Emergency/expedited relief when foreclosure is imminent

• If a foreclosure sale date is imminent, ask the court for expedited emergency relief and a hearing on short notice. Judges can sign interim orders allowing a fiduciary to accept a buyer’s offer or to enter into a short sale to prevent immediate loss.

6. What the court typically requires before approving a sale

• Notice to heirs and beneficiaries and an opportunity to be heard. The court wants to ensure all interested parties know about the proposed sale.
• An appraisal or evidence of fair market value, especially for non-arm’s-length transactions.
• Evidence that sale proceeds will be applied properly to estate debts (including the mortgage) and distributed correctly after payment of expenses.
• Clear proposed order and deed language so the court can authorize the administrator to sign closing documents and transfer title.

7. Alternatives if court action is impractical or too slow

• Negotiate directly with the lender for a brief moratorium or short sale approval. Lenders sometimes accept offers accompanied by a probate court petition showing imminent foreclosure and a planned sale.
• Consider a voluntary conveyance to the lender (deed in lieu) if the estate and heirs agree and the lender will accept it. That still typically requires authority from whoever can legally sign for the estate (or a court order).
• If heirs are beneficiaries and agree to buy the property, the probate court can approve an intra-family sale with appropriate disclosures and appraisal.

8. Removal or replacement of a co-administrator who obstructs administration

• Tennessee courts can remove or replace fiduciaries for cause, including neglect of duty, misconduct, or inability/unwillingness to perform duties. A petition to remove an obstructive co-administrator can be filed if their refusal is harming the estate.
• Removal actions take time and require proof. When time is short, courts sometimes grant narrowly tailored orders allowing a sale or authorizing one fiduciary to act while removal proceedings continue.

9. After a court-authorized sale

• Use sale proceeds first to pay secured debts (mortgage), then estate administration expenses, then creditors, and finally distribute any surplus to heirs/beneficiaries per Tennessee probate rules and the will or statute.
• Provide an accounting to the probate court showing the sale and distributions. The court will review and close the administration when appropriate.

For general information on Tennessee probate and estate administration, see the Tennessee Courts self-help pages: https://www.tncourts.gov/programs/self-help/wills-estates. For Tennessee statutes and code, see the Tennessee General Assembly: https://www.capitol.tn.gov/ (search Title 30 for decedents’ estates and probate law).

Helpful hints

• Act quickly. Foreclosure timelines can move faster than estate proceedings. Early contact with the lender can buy time.
• File for expedited relief in probate court when foreclosure is imminent. Explain the foreclosure date and attach lender communications.
• Bring exact paperwork to court: Letters of Administration, death certificate, mortgage statement, and any listing/offer documents.
• Ask the court for limited authority to sign sale documents if full removal of a co-administrator will take too long.
• Consider a short sale or deed in lieu only with clear court authority or written consent from whoever can legally sign for the estate.
• Keep heirs and beneficiaries informed. Their agreement or lack of objection can speed court approval.
• Document all communications with the co-administrator and the lender—courts want a record of attempts to resolve disputes without court intervention.
• Hire a Tennessee probate attorney experienced with estate sales and foreclosure avoidance. Probate judges expect attorneys to present clear orders and proposed findings that follow local practice.

If you want, I can list the typical documents to include in a petition to the probate court or provide a sample checklist of what the court will ask for in a sale petition.