Detailed answer — how the sale process works and options when a co-administrator refuses to sign

If a decedent’s house is in an estate and a co-administrator (co-personal representative) refuses to join a sale, you still have practical options under Wisconsin probate law. Which option will work depends on:

• How the personal representative(s) were appointed and what the court order/letters of administration say about their authority;
• Whether the estate property is subject to a mortgage or pending foreclosure and any deadlines set by the lender; and
• Whether the other interested parties (heirs, beneficiaries, creditors) support a sale and how urgently the property must be sold.

1. Check the personal representative’s authority

Start by locating the letters of administration or the court order that appointed the administrators. Those documents tell you what each administrator may do without further court approval. If the letters expressly require signatures of both co-administrators for transfers of real estate, you cannot complete a private sale without the other person’s signature unless the court approves otherwise.

2. Try non‑court resolutions first

Before asking a court to intervene, try these practical steps because they are faster and less expensive:

• Talk with the co-administrator to learn the reason for refusal and try to resolve disagreements (price, buyer, distribution of proceeds).
• Mediation between co-administrators and heirs can be quick and effective.
• If the problem is the lender or an urgent foreclosure, contact the lender immediately to ask for a short extension, a loss‑mitigation review, or a temporary forbearance while you seek court approval to sell.

3. Petition the probate court to authorize a sale (court approval)

If the co-administrator will not cooperate, the standard procedure in Wisconsin is to ask the probate court for authority to sell the estate property. A court can:

• Authorize a sale over the co-administrator’s objection; or
• Authorize sale for immediate protection of estate property (for example, to prevent loss from foreclosure); or
• Remove or replace a personal representative for cause in certain situations, or appoint a temporary personal representative with authority to act quickly.

To get court approval you normally file a petition with the probate division of the circuit court where the estate is administered and give notice to all interested persons (heirs, beneficiaries, creditors). The court will look at the circumstances and decide whether a sale is in the estate’s best interest. See Wisconsin statutes governing estate administration for the formal rules and required notices: Wisconsin Statutes (search probate chapters) and information about probate forms and procedures at the Wisconsin Court System: wicourts.gov — Probate & Estate Services.

4. Emergency/expedited relief if foreclosure is imminent

If foreclosure is scheduled soon, ask the court for expedited temporary relief. Courts can and will act on emergency petitions asking authority to sell quickly or to allow a short sale to stop the foreclosure. When you petition the court, explain the foreclosure deadline, provide lender information, and show that a sale is necessary to prevent loss to the estate.

5. How lender cooperation interacts with probate authority

Even with court authorization, the mortgage lender will typically require proof that the person signing the closing has authority to sell (letters of administration, court order authorizing sale). Lenders often accept a court order allowing sale in place of the co-administrator’s signature. For short sales, the lender usually needs to approve the short sale terms; getting court authorization and a clear order can help persuade the lender to accept a short sale instead of completing foreclosure.

6. What if the co-administrator is accused of misconduct?

If the co-administrator is acting dishonestly, failing to cooperate in ways that harm the estate, or refusing to perform required duties, you can ask the court to remove that person and appoint someone else or to impose other remedies. Removal usually requires showing cause—misconduct, neglect, or inability to perform duties.

7. Practical timeline and costs

Court petitions add time and cost. Emergency petitions can move faster (weeks rather than months), but you should expect attorney fees, court filing fees, and notice requirements. If foreclosure is already scheduled, act immediately: lenders often will pause for a short, documented period while you seek court orders showing a good‑faith attempt to sell the property to satisfy the debt.

8. Documents and information you will need

• Death certificate.
• Letters of administration or executor’s appointment order.
• Title information, mortgage payoff amount, and any other liens (taxes, judgment liens).
• Proposed purchase agreement (if you have a buyer) and any broker listing agreement.
• Inventory of estate assets and an appraisal or market value estimate if possible.
• Names and contact information for heirs, beneficiaries, and known creditors.

9. When to consult an attorney

Given the technical rules of probate and the urgency of foreclosure, consult a Wisconsin probate or real estate attorney promptly if:

• The foreclosure deadline is near;
• The co-administrator refuses to cooperate and negotiation fails;
• You need to prepare and file an emergency petition with the court; or
• There are disputes among heirs about whether to sell or about the sale price.

Wisconsin law gives the probate court broad authority to supervise estate property and to authorize sales when necessary. For guidance on the statutes and court procedures that apply in your case, look at the Wisconsin Statutes sections covering administration of estates and powers and duties of personal representatives: https://docs.legis.wisconsin.gov/statutes/. For practical forms and local rules, see the Wisconsin Court System’s probate pages: https://www.wicourts.gov/services/public/estate/index.htm.

Helpful hints

• Act fast. Foreclosure timelines can move quickly; contact the lender as soon as you learn of a sale or missed payments.
• Gather the estate paperwork immediately—letters of administration are often the single most important document for a lender or buyer.
• If you already have a buyer, bring the purchase agreement to the court petition to show the sale is realistic and to speed approvals.
• Consider a short sale if the mortgage exceeds market value; court authorization plus lender approval can prevent foreclosure.
• Use mediation before filing in court if dispute reasons are amenable to negotiation (price split, distribution of proceeds).
• Keep detailed records and communications among co-administrators and beneficiaries—these help in court if you must show efforts to resolve the dispute.
• Ask the court for temporary authority to act alone if the co-administrator is unreachable or uncooperative and the estate is at risk.
• Hire a Wisconsin probate attorney experienced with estate sales and foreclosure timelines; emergency petitions and lender negotiations are technical and time‑sensitive.