Detailed answer — step‑by‑step overview under Oregon law

This section explains what typically happens when a decedent’s will directs that a home be sold and the proceeds distributed, and what to do if the surviving spouse resists. Start here if you have no legal background. This is a general explanation of the process under Oregon law; it is not legal advice.

1. First: identify how title to the home is held

Who holds title determines what the will can control:

• If the house was owned jointly with rights of survivorship (for example, joint tenancy), it usually passes automatically to the surviving owner and does not go through probate. In that case, the will typically cannot force a sale.
• If the house was owned by a revocable trust, the successor trustee usually controls the property according to the trust terms; probate may not apply.
• If the house was held solely in the decedent’s name (or in a way that becomes part of the probate estate), the will’s instruction to sell typically goes to the personal representative (executor) appointed through probate.

2. Open probate and appoint a personal representative

If the home is part of probate, the first formal step is filing the will and a petition for probate in the appropriate Oregon circuit court. The court appoints a personal representative (PR). The PR collects assets, pays valid debts, and distributes what remains according to the will and Oregon law.

See Oregon’s statutes and probate information for the general framework: ORS Chapter 113 (Administration of Estates) and the Oregon Judicial Department probate pages: OJD — Probate information.

3. The personal representative’s authority to sell estate real property

A personal representative generally has statutory and/or court‑granted authority to sell estate property if the sale is necessary to pay debts or to distribute the estate. If the will specifically directs a sale, that direction supports the PR’s authority; otherwise the PR may ask the court for an order authorizing sale. The PR must follow probate procedures, give required notices, and may need court confirmation for certain sales.

Relevant Oregon statutory framework on administration and distribution: ORS Chapter 114 (Descent and Distribution) and ORS Chapter 113 (Administration of Estates).

4. Surviving spouse’s statutory protections and claims

A surviving spouse may have statutory rights that affect the estate’s ability to sell and distribute proceeds. Typical rights include:

• exempt property or homestead and family allowances that let the spouse occupy the dwelling or receive a certain amount for support;
• a claim against the estate for support (which may reduce distributable proceeds);
• property that passes outside probate (for example, jointly held property or property in trust).

Because these rights can reduce or alter the amount available to beneficiaries, the PR must identify and handle any valid spouse claims before final distribution. See the Oregon statutes governing descent, distribution, and exemptions at ORS Chapter 114.

5. If the spouse refuses to cooperate with the sale

Common scenarios and remedies:

• If the PR is appointed and the house is estate property: the PR can petition the circuit court for an order authorizing sale. If the spouse resists, the court will decide based on the will, statutory spouse rights, and equities.
• If the spouse is a co‑owner (tenants in common) rather than a probate beneficiary: a beneficiary or co‑owner can file a partition action in Oregon circuit court to force sale or divide the property. (Partition forces a sale when physical division is impractical.)
• If the house passed automatically (joint tenancy or survivorship transfer), the will cannot force a sale unless the title is cleared or the surviving owner agrees.

Partition and property‑division matters are handled in circuit court. For more information about civil actions that force sales or partitions, see Oregon statutes and local court rules.

6. Occupant spouse who refuses to vacate after sale

If the court authorizes a sale and the property is sold, but the surviving spouse refuses to leave, the buyer or the estate will need to follow Oregon eviction/forcible entry and detainer processes instead of attempting self‑help. Eviction is governed by Oregon landlord‑tenant and forcible entry/detainer rules; illegal self‑help (changing locks, removing someone’s property) can create liability.

7. Typical timeline and costs

Probate administration and a court‑ordered sale can take months to over a year depending on disputes, complexity, and court schedules. Costs include court filing fees, attorney fees, appraisal and real‑estate costs, and possible litigation expenses—these typically come out of the estate before distributions.

8. Practical next steps you can take now

1. Obtain the deed and title report. Confirm how the property is held (sole name, joint tenancy, trust, etc.).
2. Locate the original will and any trust documents. Check whether the will expressly directs sale and appoints an executor.
3. If the decedent’s property appears to be probate property, file or request that someone file a petition for probate with the county circuit court where the decedent lived. The Oregon Judicial Department has local court contacts: Oregon Circuit Courts.
4. Consult a probate attorney early. If the spouse resists, a lawyer can file petitions (for appointment, authority to sell, or partition) and explain likely outcomes.

Illustrative hypothetical (short)

Hypothetical: Pat dies owning a house in Pat’s sole name. Pat’s will directs sale of the house and distribution of proceeds equally among three children. Pat’s surviving spouse, Sam, refuses to permit sale and lives in the house. The children should (1) confirm title shows sole ownership, (2) open probate and seek appointment of a personal representative, and (3) have the PR petition the court to authorize sale. If Sam claims a homestead or family allowance, the PR must address those claims before distributing proceeds. If Sam instead holds title as joint tenant, the probate route will likely not force sale.

Helpful hints

• Do not attempt to force entry, change locks, or remove the occupant’s property yourself — follow court processes.
• Gather documents before contacting an attorney: death certificate, deed, mortgage statements, the will, and account records.
• Check whether the deed lists joint owners or a transfer on death deed; those change the process.
• Consider mediation if both sides will engage — it can reduce time and cost compared with court litigation.
• Ask the attorney about interim solutions (e.g., sale with court approval, buyout options, or short‑term occupancy agreements) to preserve estate value.
• Keep beneficiaries informed and in writing; court notices and deadlines matter in probate and partition cases.