Detailed Answer

When a decedent’s will directs that a house be sold and the proceeds distributed, but the surviving spouse refuses to sell or convey the home, you generally resolve the conflict through Michigan probate court. Which steps apply depends on how the property is titled and what legal protections the surviving spouse may claim.

1. First: identify how title was held

Whether you can force a sale depends on ownership:

• Joint tenancy with right of survivorship or tenancy by the entirety: If the decedent and spouse owned the home as joint tenants or as tenants by the entirety (common for married couples), ownership typically passes automatically to the surviving spouse and the will cannot force a sale. You cannot use probate to change title that passed outside the will.
• Sole ownership by the decedent: If the decedent owned the house in their name alone, the house is part of the probate estate. The personal representative (executor) appointed by the probate court can seek authority to sell the property and distribute the proceeds according to the will.
• Tenancy in common or other arrangements: If the decedent held an undivided interest (tenancy in common), the decedent’s share goes through probate; you may need a partition or sale of the estate’s share.

2. Probate administration and the personal representative’s authority

To enforce the will’s direction to sell, the common path is:

1. Open probate and have the court appoint a personal representative (PR). The will usually nominates one; if not or if the nominated person does not serve, the court appoints someone.
2. The PR collects and inventories estate assets, gives required notices to interested persons, and evaluates claims and liens against the real estate.
3. The PR files a petition in probate court asking for authority to sell the real property if the sale is not a routine administration task the PR can perform without a separate order. If the surviving spouse objects, the court will schedule a hearing.
4. If the court authorizes the sale, the PR can sell the property (subject to mortgage payoff and court supervision), then use sale proceeds to pay debts, taxes, allowed expenses, statutory allowances (if any), and distribute the balance according to the will.

Michigan probate law governs this process under the Estates and Protected Individuals Code (EPIC). The Michigan probate court supervises administration and resolves disputes among heirs, beneficiaries, and the surviving spouse. For general information see the Michigan Legislature and the Michigan Courts probate pages: https://www.legislature.mi.gov and https://courts.michigan.gov.

3. Surviving spouse rights that can block or alter a sale

The spouse may have legal claims that complicate or prevent an immediate sale:

• Survivorship title: As noted, if the spouse already owns the property by operation of law (joint tenancy or tenancy by the entirety), the will’s instruction cannot reach the property.
• Homestead exemption and family allowance: Michigan law provides limited protections (a homestead or family allowance and exempt property) for a surviving spouse and minor children that can affect distribution of estate assets. A court must honor statutory allowances before making distributions to other beneficiaries.
• Elective share/rights against the estate: Some states let a spouse elect to take a statutory share rather than the will’s provisions. In Michigan, a surviving spouse can assert statutory rights that may require reallocation of estate assets.

4. If the spouse refuses to cooperate but does not hold title

If title is in the decedent’s name and the spouse is simply resisting the sale (e.g., refusing to vacate or refusing to sign documents), the PR can ask the probate court for orders to:

• Authorize the sale despite objections;
• Order the spouse to vacate if needed after appropriate notice; or
• Approve a sale with occupants, with proceeds held or an occupant lease arranged pending distribution.

The court will weigh the spouse’s statutory rights and any equitable claims before issuing relief.

5. If the spouse holds title but the will directs otherwise

If the home passed automatically to the surviving spouse because of joint title, you normally cannot force a sale through probate based on the will. Possible alternatives include:

• Negotiation or buyout by beneficiaries (paying the spouse the value agreed upon or the spouse’s statutory share).
• If there is an arguable defect in the conveyance or survivorship arrangement (fraud, undue influence, or invalid joint-deed), beneficiaries may sue to challenge the title, but that requires clear legal grounds and proof.
• Partition actions generally apply to co-owners; they do not normally reach a spouse who owns the property solely by survivorship. A partition lawsuit might succeed only if the spouse’s ownership is not absolute or if the spouse and beneficiaries are co-owners.

6. Practical steps to compel sale and distribution under Michigan law

1. Confirm title. Obtain a current title report or deed search from the county register of deeds to learn whether the house passed outside the will.
2. Open probate (if the decedent owned the property solely). File the will and petition for probate so the court can appoint a PR.
3. Ask the court to authorize sale. The PR files a petition (or motion) seeking permission to sell the property under the terms of the will. Provide notice to the spouse and other interested persons. If contested, attend the hearing prepared to show why sale is appropriate.
4. Address statutory allowances. Let the court consider any homestead allowance, family allowance, or other protections the spouse may have. These claims may reduce the distributable proceeds.
5. Obtain a court order for sale and follow the court-supervised sale process. After sale, the PR pays debts/taxes and distributes net proceeds according to the will and court order.

7. What if the spouse refuses to leave after sale is ordered?

If the court orders sale and the spouse remains in possession, the PR can seek a court order for eviction or possession enforcement. The probate court can coordinate with the local sheriff or civil process for enforcement after appropriate notices and due process.

8. Timing and likely outcomes

Probate administration that includes contested sales can take months or longer. If the spouse has valid statutory claims, beneficiaries may need to negotiate a settlement that compensates the spouse or adjusts distributions. If the spouse has no title and no statutory claim, probate court typically allows the sale and distribution per the will.

Helpful Hints

• Confirm ownership first: a title search is inexpensive compared to litigation. If the spouse already owns the home by survivorship, probate won’t force a sale.
• Open probate promptly if the decedent owned the home alone. Delay can complicate creditor claims and make preservation of the asset harder.
• Document communications and requests to the spouse in writing; keep copies for court filings.
• Be ready to show the court the will’s direction, inventory of assets, value of the property, mortgage status, liens, and any claimed exemptions or allowances.
• Consider mediation. Courts often require or encourage settlement efforts; a negotiated buyout, installment, or life interest for the spouse can avoid lengthy litigation.
• Budget for costs: closing a probate sale, paying debts, attorneys’ fees, and potential occupancy costs can reduce what beneficiaries ultimately receive.
• Consult a probate attorney early. Probate practice has strict notice, filing, and procedural rules; a lawyer familiar with Michigan probate can file petitions correctly and represent your interests at hearings.

Where to learn more

• Michigan Legislature — Estates and Protected Individuals Code (EPIC): https://www.legislature.mi.gov
• Michigan Courts — Probate information and local court contacts: https://courts.michigan.gov

Disclaimer: This article explains general principles under Michigan law and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation and help with filings or court appearances, consult a licensed Michigan probate attorney.