Detailed Answer
Short answer: It depends on how the house is titled and on the surviving spouse’s statutory rights under Minnesota law. A valid will controls distribution of property that is part of the decedent’s probate estate, but a surviving spouse may have independent rights (homestead use, an elective share, or ownership by entireties) that prevent the will from forcing a sale. If the property is part of the probate estate and no spouse’s statutory right blocks a sale, the personal representative (executor) can ask the probate court to sell the house and distribute proceeds under court supervision.
Key legal concepts you need to understand
- Probate estate vs. non-probate property: Only property owned by the deceased in their individual name (and not held jointly with survivorship or payable-on-death to someone else) generally passes under the will and through probate.
- Tenancy by the entirety / joint ownership: If the house was owned jointly with the spouse as a tenancy by the entirety or as joint tenants with right of survivorship, the surviving spouse usually becomes sole owner and the will cannot force sale.
- Homestead and family protections: Minnesota law provides certain protections for a surviving spouse and minor children, including homestead rights or allowances that can limit immediate sale or the way proceeds are distributed.
- Elective share / statutory spousal right: A surviving spouse can often elect a statutory share of the estate instead of what the will gives them. That election affects what the spouse receives but does not always force sale.
Typical steps to compel sale and distribution in Minnesota
- Confirm ownership and encumbrances. Obtain the deed and title report. If the property was jointly owned with right of survivorship or by entireties, the will usually cannot force a sale. Check mortgage or liens.
- Determine whether the estate has been opened for probate. If not, file the will and a petition to open probate in the district court where the decedent lived so a personal representative can be appointed. See Minnesota probate statutes: Minn. Stat. Ch. 524 (Probate) and Minnesota Courts probate resources: mncourts.gov — Probate.
- If you are (or the court appoints) the personal representative, request court authority to sell estate real property. The personal representative has statutory duties and powers to manage estate assets during administration; the probate court supervises significant sales.
- If the surviving spouse claims homestead rights or elects a statutory share, the court will resolve those claims before directing sale or distribution. Minnesota has homestead statutes and protections; review Minn. Stat. Ch. 510 (Homestead).
- If the spouse refuses to vacate or refuses to cooperate with a court-authorized sale, the personal representative can ask the probate court for an order enforcing the sale — which may include appointment of a receiver to manage or sell the property, or court-ordered ejectment if the spouse is unlawfully occupying the premises.
Common outcomes depending on situation
- Property held solely in the decedent’s name and the will directs sale: The personal representative usually can sell after obtaining court approval and give proceeds to beneficiaries after paying debts and allowances.
- Property held as tenancy by the entirety or joint tenancy with right of survivorship: The asset passes automatically to the survivor and the will cannot force a sale.
- Surviving spouse asserts homestead or an elective share: The court will adjudicate the spouse’s claim first; the estate might need to pay a homestead allowance or buy out the spouse’s interest rather than force immediate sale.
Practical example (hypothetical)
Facts: John dies leaving a will that directs sale of his house and equal distribution of proceeds among his three adult children. The house was titled only in John’s name, and his wife Mary currently lives there and refuses to move.
Possible route: The children (or an appointed personal representative) petition the court to open probate and be appointed personal representative. The PR asks the court to authorize sale of the house. Mary can assert a homestead right or elect her statutory share. If Mary has no survivorship title and the court determines she has no unwaived homestead/elective share that blocks sale, the court can authorize sale and order Mary to vacate. If Mary has an enforceable homestead claim or valid survivorship ownership, the will’s direction to sell will not be effective without resolving those claims (which may lead to a buyout or different distribution).
How the court handles proceeds
When a sale is approved, the court-supervised process typically pays creditors, taxes, funeral expenses, permitted allowances for the surviving spouse or minor children, and administrative expenses first. Remaining proceeds are distributed according to the will, except to the extent statutory spouse protections require a different distribution.
Helpful Hints
- Get title documentation early: deed, tax records, mortgage statements, and any survivorship deed language. That determines whether the will can control the property.
- Check whether the estate has been opened and whether a personal representative has been appointed. Only the PR can typically sell probate assets without court direction.
- Preserve evidence of occupancy and communications (noting privacy and harassment laws). If someone is refusing orders, document dates and interactions.
- Consider negotiation or mediation with the spouse — a buyout or agreed sale often saves time and money compared with contested litigation.
- Expect timelines: probate sales and disputes over homestead/elective-share claims can take months; urgent needs (e.g., to pay debts or mortgages) sometimes lead to expedited petitions for sale or temporary orders.
- Be prepared for costs: legal fees, court costs, appraisal and realtor fees, and potential buyout amounts for spouse’s rights.
- Hire a Minnesota probate attorney early to assess title, the spouse’s statutory rights, and to file the correct petitions. The state probate rules and statutes are technical and time-sensitive.
Where to look in Minnesota law: The Minnesota Statutes chapter on probate and estate administration (chapter 524) governs probate procedure. Minnesota’s homestead statutes (chapter 510) and the Minnesota Courts’ probate help pages explain procedural steps and forms. See: Minn. Stat. Ch. 524 (Probate), Minn. Stat. Ch. 510 (Homestead), and Minnesota Courts — Probate.
Next step: If you want to proceed, gather the deed and will, note who currently occupies the property, and consult a Minnesota probate attorney to evaluate titling, possible homestead or elective-share claims, and the best petition or court motion to seek sale and distribution.
Disclaimer: I am not a lawyer. This article provides general information about Minnesota law and is not legal advice. Consult a licensed Minnesota attorney to apply these concepts to your specific situation.