Detailed Answer
Short answer: If one co-administrator refuses to sign to sell estate real property in Arizona, the usual path is to ask the probate court to authorize the sale (or to remove or limit the co-administrator’s authority). The court can order the sale over the refusal when that action is necessary to pay debts (including a mortgage facing foreclosure) and to administer the estate.
This is a general overview, not legal advice. Consult a probate attorney about timelines and courtroom procedures in your county.
Who can sell estate property in Arizona?
A person acting for the estate—usually the personal representative (executor) or administrators appointed by the probate court—has authority to deal with estate assets. If more than one person serves as co-administrators, most estate tasks require cooperation or court direction when the co-administrators disagree.
If a co-administrator refuses to sign, your options
- Ask the probate court for authorization to sell: File a petition in the probate case asking the judge to authorize the sale of the real property. In that petition you explain why the sale is necessary (for example, to pay the mortgage or avoid foreclosure). If the court finds selling is in the estate’s best interest, it can sign an order permitting the sale even though a co-administrator objects.
- Request an expedited hearing or temporary relief: If foreclosure is imminent, you can ask the probate court for an expedited hearing or an emergency order to allow a quick sale or to take other steps to protect the estate. The court may grant temporary authority to act while a full hearing is scheduled.
- Seek removal or restriction of the co-administrator: If a co-administrator is willfully obstructing administration or failing to perform duties, you may petition the court to remove them or to limit their authority. The court will consider whether removal or restriction better serves the estate and its creditors.
- Negotiate with the lender: Contact the mortgage holder to explain the probate situation and request a loan workout, short sale approval, or a hold on foreclosure while the probate sale is processed. Lenders sometimes prefer an orderly probate sale backed by a court order to a foreclosure sale.
- Consider a partition or other civil remedy only if necessary: If the property is owned outside the probate process or by multiple owners not all acting as estate fiduciaries, a partition action or other civil suit might apply. For estate assets under probate court control, the probate court is normally the right forum.
What the probate petition will typically ask the court to do
A petition to sell usually asks the court to:
- Authorize the personal representative to list and sell the property.
- Allow sale terms (including price, commissions, and any sale contingencies).
- Permit the use of sale proceeds to pay mortgage debt, foreclosure costs, estate administrative expenses, and creditors.
- Order distribution of remaining proceeds according to the will or Arizona intestacy law.
How foreclosure interacts with the probate sale
A mortgage lender may proceed with foreclosure under Arizona law (Title 33 and related statutes). If a trustee sale or foreclosure is scheduled, emphasize the imminent sale in your petition and ask the court for an expedited hearing. Courts can authorize sales quickly in urgent cases or order other relief that helps preserve estate value.
Practical sequence of steps
- Collect key documents: letters testamentary or letters of administration, death certificate, mortgage statements, title documents, probate case number and docket entries.
- Notify the lender immediately and request temporary forbearance or short-sale approval while you seek court authority.
- Talk to all heirs and the co-administrator about the financial stakes and possible sale terms; document communications.
- File a petition in probate court asking for authority to sell the house (and, if needed, for expedited relief or to remove/limit the co-administrator).
- Attend the hearing; bring proof of need (mortgage arrears, foreclosure notices, market valuations). If the court authorizes the sale, follow local probate procedures to accomplish a court-approved sale and court confirmation if required.
- Use sale proceeds to pay the mortgage first (subject to lien priorities), then other creditors, administrative costs, and distributions to heirs according to the will or Arizona law.
Which Arizona laws and resources apply?
Arizona’s probate and real property statutes govern these steps. Useful official resources:
- Arizona Revised Statutes — Title 14 (Trusts, Estates and Protective Proceedings): https://www.azleg.gov/arsDetail/?title=14
- Arizona Revised Statutes — Title 33 (Real and Personal Property) and related foreclosure provisions: https://www.azleg.gov/arsDetail/?title=33
- Arizona Judicial Branch — Probate self-help and forms: https://www.azcourts.gov/selfhelp/Probate
These links lead to the statutes and court resources. A probate attorney can point to the exact statutory subsections and local rules the judge will apply in your county.
Helpful Hints
- Act quickly when foreclosure is threatened. Time is often the most important factor.
- Get a copy of the probate docket and letters of administration. Courts and lenders will ask for these.
- Document every communication with the co-administrator and the lender. Written records help in court.
- Contact the lender early to explore short sale or loan workout options. Lenders sometimes grant temporary holds during probate sales.
- Use a probate attorney—especially when foreclosure is imminent. Attorneys can file the correct emergency motions and ensure notices meet court rules.
- Be prepared to show the court why sale is necessary and how sale proceeds will protect creditors and heirs.
- If you fear sabotage or mismanagement by a co-administrator, ask the court for removal or for appointment of a special administrator to handle the sale.
- Expect the court to require proof of fair sale terms (e.g., an appraisal or broker’s price opinion) before approving the sale.
Final note: This article explains common legal paths in Arizona probate and foreclosure matters but does not replace legal counsel. For case-specific advice and filings, consult a licensed Arizona probate attorney.