Detailed Answer

If an estate owns real property that is in danger of foreclosure and one co-administrator (co-personal representative) refuses to sign sale documents, the other co-administrator and interested parties still have several legal paths to protect the estate. Under Vermont law the probate court supervises estate administration, and the court can resolve deadlocks among fiduciaries and authorize actions necessary to preserve estate assets. See Vermont probate statutes: Title 14, Vermont Statutes.

Step 1 — Confirm the estate authority and deadlines

First, gather the letters or certificate of appointment from the probate court that identify who the personal representative(s) are and what powers they have. Check whether the letters allow a single representative to act alone or whether all actions require joint signatures. Also determine the foreclosure timeline: when is the sale or sheriff’s sale scheduled and when lender notices are due. Time is critical.

Step 2 — Try to resolve the refusal informally

Before going to court, attempt these practical steps:

• Explain the financial consequences of inaction to the refusing co-administrator. A foreclosure can wipe out equity and increase liability to creditors.
• Offer mediation between co-administrators or involve neutral family members to reach an agreement.
• Contact the lender to request a short extension, loan workout, short sale approval, or deed-in-lieu of foreclosure while you sort out administration issues. Lenders often prefer a short sale to a foreclosure.

Step 3 — Petition the probate court for relief

If informal efforts fail, the acting co-administrator or an interested party (an heir, creditor, or other administrator) can file a petition in the probate division asking the court for one or more remedies. Typical petitions include:

• Authority to sell estate property despite the co-administrator’s refusal (the court can authorize sale of estate real property when sale is necessary to pay debts or preserve assets).
• An order allowing a single personal representative to act alone if the other is failing to perform fiduciary duties.
• Removal or suspension of a co-administrator for failure to perform duties, if appropriate.
• Temporary relief or expedited hearing if foreclosure sale is imminent, asking the court to authorize immediate action (e.g., sale, short-sale negotiations) to prevent loss of value.

The probate court has inherent authority to supervise estate administration and resolve disputes among fiduciaries. You can review Vermont probate statutes at: Title 14, Vermont Statutes. The Vermont Judiciary’s probate information and forms can help you identify the proper filing and local procedures: Vermont Judiciary — Probate Division.

Step 4 — Coordinate with the mortgage holder and other creditors

While the probate petition proceeds, immediately contact the mortgage servicer. Explain the estate administration issue and request loss-mitigation options or a short stay. Lenders are sometimes willing to delay a sale if the estate is pursuing a court-authorized sale that will pay them in full or nearly in full.

Step 5 — If sale is authorized, follow sale rules and creditor priority

If the probate court authorizes a sale, the representative must follow court conditions: provide notice to interested parties, account for sale proceeds, pay mortgage debt, taxes, costs of administration, and distribute remaining proceeds to heirs according to the will or Vermont intestacy rules. The probate court can set procedures for sale, confirm the sale, and approve distribution of funds.

Emergency options if foreclosure sale is imminent

• Ask the probate court for an emergency or expedited hearing to authorize sale or other steps to stop the foreclosure.
• Seek a temporary restraining order only if you have a strong basis that the foreclosure would materially harm the estate and you can promptly resolve the dispute about authority. TROs are fact-specific and require court filings and often an evidentiary showing.
• Negotiate with the lender for a brief stay to allow court action; lenders frequently cooperate if they see a realistic path to pay-off.

When to hire an attorney

If a co-administrator refuses to cooperate or foreclosure timelines are tight, consult both a probate attorney and a foreclosure/real-estate attorney. An attorney experienced in Vermont probate and foreclosure can draft urgent petitions, negotiate with the lender, and represent you at hearings. For lawyer referral resources, see the Vermont Bar Association: vermontbar.org.

Helpful Hints

• Gather these documents immediately: letters of appointment, death certificate, mortgage note and any default notices, title deed, will (if any), and any communications with the lender.
• Act fast. Foreclosure sales have short windows; early communication with the lender can buy time.
• Check the probate letters: some appointments expressly allow a majority or a single representative to act. If so, that may avoid court. If not, petition the probate court.
• Consider short sale or deed-in-lieu only with lender approval; these require lender consent and written payoff terms.
• Keep detailed records of communications, proposed sale offers, and refused requests from co-administrators—these help if you petition probate court for removal or authority to act alone.
• Remember creditor priority: mortgage and tax liens are paid first from sale proceeds. The probate court oversees distribution under Vermont law: Title 14.
• If a co-administrator is not acting in the estate’s best interest, the court can remove or discipline that fiduciary; that is often the fastest permanent solution if the person refuses cooperation.