Can the estate sell a house if a co-administrator refuses to sign?

Short answer: Yes—under Washington law the probate court can authorize a sale of estate real property even if a co-administrator will not sign. You normally start by confirming authority in the letters of appointment, then file a petition with the probate court asking the court to approve a sale (or to remove or limit the refusing co-administrator). If the property is in imminent danger of foreclosure, file immediately for an expedited or emergency hearing and also contact the mortgage holder to explore a short sale or loan workout.

Disclaimer

This is general information and not legal advice. For help tailored to your situation, contact a licensed Washington probate attorney.

Detailed answer — steps and legal basis under Washington law

Washington’s probate statutes and courts give personal representatives (executors, administrators) the power to manage and, when necessary, sell estate property, subject to court supervision. The statutes governing probate are in RCW Title 11 (RCW chapter 11). Foreclosure and deed-of-trust rules are in the Deeds of Trust Act (RCW chapter 61.24).

When co-administrators disagree, Washington courts are the neutral decision-maker. The typical steps you will see in Washington are:

1. Confirm authority and status. Check the probate file for the letters testamentary or letters of administration. Those documents show who is authorized to act for the estate and whether co-administrators acting together are required. If you do not yet have formal appointment, you must open probate first.
2. Talk to the mortgage holder immediately. If foreclosure is pending, contact the lender or loan servicer to explain the probate situation and ask about loss-mitigation options (loan modification, short sale, deed-in-lieu). Lenders often prefer a court-approved sale to a foreclosure.
3. Try to obtain voluntary cooperation. Before litigating, request that the refusing co-administrator provide a written reason. You can propose a limited court-approved sale with an accounting and protection for the co-administrator and beneficiaries (escrow holdback, distribution schedule, or bond). Many disputes resolve after a clear sale plan is presented.
4. File a petition with the probate court to authorize a sale. If cooperation fails, petition the probate court for an order authorizing the sale of the real property. The probate court has authority to approve sales of estate property and to issue instructions to personal representatives under RCW Title 11 (RCW chapter 11). The petition should include: facts about the property, the mortgage/foreclosure status, efforts to get agreement, the proposed sale terms (or request authority to market and sell), and a proposed timetable. The court will set a hearing and require notice to heirs, beneficiaries, and creditors.
5. Request expedited or emergency relief if foreclosure is imminent. If a trustee sale date under a deed of trust is scheduled, ask the court for an accelerated hearing and an order authorizing an emergency sale or requesting an injunction to temporarily stop foreclosure so the estate can market and sell the property. Courts will consider the urgency and whether irreparable harm (foreclosure) is likely.
6. Consider asking the court to remove or limit the co-administrator. If the co-administrator is refusing to cooperate without a valid reason or is otherwise breaching fiduciary duties, you may petition for removal or limitation of authority. The probate court can remove a personal representative for cause and can appoint a replacement or grant sole authority to the other administrator. Grounds and procedures are found in the probate statutes and court rules (RCW chapter 11).
7. If court approval is granted, proceed with sale under court supervision. The court order will typically authorize marketing and sale, set notice and accounting requirements, and may specify escrow instructions and distribution of sale proceeds (paying mortgage, expenses, creditor claims, and then beneficiaries). If the court approves a short sale, it will usually require the lender’s written acceptance of payoff terms.
8. Complete required accounting and file closing documents. After sale, the personal representative files a report or account showing how proceeds were used and asks the court to confirm final distributions and discharge of the representative.

Practical points about foreclosure and timing

Foreclosure under a deed of trust in Washington follows the nonjudicial process in RCW chapter 61.24. Timing can move quickly once notices are posted and published. Do not wait: if a trustee sale is scheduled, file a petition with the probate court immediately and contact the lender about postponing the sale while the court considers the petition.

What the probate judge will consider

• Whether the personal representative has legal authority under the decedent’s will or letters of administration.
• Whether beneficiaries or creditors will be prejudiced by a court-ordered sale.
• Whether there is an urgent need (imminent foreclosure) that justifies expedited relief.
• Whether a sale is necessary to pay debts, administrative expenses, or to preserve estate value.

When to consult a probate attorney

Get a probate attorney as soon as you learn of a foreclosure threat or an impasse among co-administrators. An attorney can prepare and file the necessary petitions, draft supporting affidavits, ask for emergency relief, and negotiate with lenders.

Helpful Hints

• Locate the probate file and letters of appointment—this establishes who has authority to act.
• Document all attempts to get the co-administrator’s signature and any written objections.
• Immediately contact the lender/servicer and ask for loss-mitigation or a postponement of the trustee sale.
• File a petition for authorization to sell in the probate court where the estate was opened; include clear evidence about the foreclosure timeline and need for expedited relief.
• Request notice be sent to all heirs, beneficiaries, and known creditors so the court can consider objections before authorizing the sale.
• If the co-administrator’s refusal seems to be a fiduciary breach, include facts supporting removal or limitation in your petition.
• Consider alternatives: short sale, deed-in-lieu of foreclosure, or negotiating a payoff with the lender—these can be faster and preserve more estate value than foreclosure.
• Use the Washington Courts forms and resources to understand filing requirements: Washington Courts forms.

Where to find Washington statutes and forms

• Washington probate statutes: RCW Title 11 — Probate and Trusts
• Deeds of Trust Act (foreclosure rules): RCW chapter 61.24
• Washington Courts forms: https://www.courts.wa.gov/forms/

If you want, I can outline the typical documents to include in a petition to the probate court or suggest questions to ask a probate attorney.