Detailed answer — how this works under Kansas law

This explanation assumes an estate has real estate subject to a mortgage, the mortgage lender is threatening or has started foreclosure, and two or more co-administrators (or co-executors) cannot agree about selling the house. The steps below describe common routes under Kansas probate practice and practical responses to a foreclosure threat.

1. Who has authority to sell estate real property?

A personal representative (executor or administrator) can sell estate property only as authorized by the probate process or by the will. If the will or the court’s letters give express power to sell real estate without further court approval, the representative may proceed within that authority. In many cases, however, a sale of estate real property requires probate-court approval or a court order. If there are co-administrators, most courts expect them to cooperate. When they disagree, the court can step in.

2. Immediate options when a co-administrator refuses to sign

• Contact the lender immediately. Ask for a short delay, loan reinstatement options, a short sale, or a deed-in-lieu. Lenders often prefer avoiding foreclosure and may agree to a temporary hold while the estate seeks court directions.
• File a petition in probate court asking the judge to authorize the sale. A court-ordered sale will allow a single personal representative to sign closing documents once the court approves the transaction and sale terms.
• Ask the court to appoint a sole administrator or a successor representative if one co-administrator is refusing to perform duties. The court can modify letters of administration when a co-representative fails to cooperate or carry out duties.
• Move to remove the refusing co-administrator for misconduct or refusal to perform duties. Removal is an extraordinary remedy but available when a representative is not acting in the estate’s or beneficiaries’ best interests.

3. How to petition the probate court for a sale or for appointment/removal

Typical petitions and motions you can file in the county probate court include:

1. Petition for authority to sell estate real property: asks the court to approve sale terms, set bidding procedures (if any), and authorize the representative to sign closing documents. The court may require notice to beneficiaries and a hearing.
2. Motion to modify letters of administration: requests the court to give one representative authority to act alone or to name a successor personal representative.
3. Petition to remove a personal representative: alleges the representative has failed to perform duties, is abusing power, has a conflict of interest, or otherwise is unfit.

When you file these petitions, the court will require notice to interested persons (heirs, beneficiaries, and known creditors) and will set a hearing. The judge can resolve the disagreement and enter an order that binds the parties.

4. Time sensitivity: foreclosure deadlines and practical steps

Foreclosure timelines can move faster than probate. Do these steps quickly:

• Immediately contact the mortgage servicer and explain the probate status; request a forbearance, reinstatement quote, or short-sale review.
• File the necessary probate petition to obtain a court sale order or appointment and ask the judge for an expedited hearing or temporary relief if foreclosure is imminent.
• Consider asking the court for temporary injunctive relief if there is a credible danger the lender will conduct a foreclosure sale before the estate can act. Courts may be reluctant to block a mortgagee’s statutory rights absent strong cause, but an expedited hearing can buy time.

5. If a sale is court-authorized: what happens to the proceeds?

Proceeds from a court-approved sale are used to pay estate debts first (including the mortgage and foreclosure-related expenses), then administration costs, and finally distributed to beneficiaries according to the will or Kansas intestacy rules. If the mortgage payoff exceeds the sale price, the estate may still have a deficiency claim; the lender may pursue the estate or beneficiaries depending on borrower and security arrangements.

6. Alternatives to a court sale

• Short sale: negotiate with the lender to accept less than the full payoff. Lenders sometimes approve short sales to avoid foreclosure.
• Deed in lieu of foreclosure: the estate conveys the property to the lender to satisfy the debt.
• Private settlement among co-administrators and beneficiaries: mediation to resolve disagreements so a sale can proceed without court action.

7. What evidence and documents will the court want?

• Letters testamentary or letters of administration.
• Death certificate and the will, if any.
• Mortgage/payoff statements, loan history, and any foreclosure notices.
• Appraisal or broker price opinion and the proposed purchase agreement (if one exists).
• List of heirs, beneficiaries, and known creditors.

8. Where to find Kansas probate law resources

State probate rules and statutes guide these procedures. See the Kansas Probate Code (Chapter 59 of the Kansas Statutes) for general authority and procedure. Official Kansas statutes: Kansas Statutes, Chapter 59 (Probate). For local court forms and procedures, visit your county probate court page on the Kansas Judicial Branch website: Kansas Judicial Branch.

9. When you should get a lawyer

Seek legal counsel if:

• A foreclosure sale is imminent.
• Co-administrator refuses to cooperate and that refusal risks losing equity in the property.
• There are contested beneficiary claims, creditor disputes, or complex title issues.
• You need to file petitions to remove a co-representative or to obtain expedited relief.

Helpful Hints

• Act fast. Lenders often move quickly. Contact the servicer the day you learn of default or a foreclosure notice.
• Document communications. Keep written records of calls and emails with the lender and between co-administrators.
• Gather core documents immediately: letters of administration, mortgage statements, death certificate, and any purchase offers.
• Consider mediation before filing removal petitions; courts favor settlement and it can be faster and cheaper.
• Ask probate court clerks about emergency or expedited hearings if a sale date is looming.
• Be prepared to show the court that a sale is in the estate’s best interest (fair price, paying debts, minimizing loss from foreclosure).
• Negotiate with the mortgage lender about short sales or reinstatement options while you pursue court remedies.
• If you need to remove a co-administrator, be ready to prove refusal to perform duties, conflict of interest, or misconduct.