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This page explains, in plain language, how you can try to compel a spouse to sell real property and distribute the proceeds according to a decedent’s will under Utah law. This is general information only and not legal advice. Laws and procedures vary based on who holds title to the property, what the will actually says, and whether the estate is in probate.

Key principle: ownership and probate control what the court can do

Whether a court can force the sale depends on two facts:

• Who legally owns the house right now (the decedent alone, the decedent and spouse as joint owners, the spouse alone after survivorship, or the estate); and
• Whether the property is subject to probate administration and what the will directs the personal representative to do.

If the house is part of the probate estate and the will directs its sale and distribution, the personal representative (executor) should petition the probate court for authority to sell. If the surviving spouse has title that passed outside probate (for example, by joint tenancy or survivorship deed), a will’s instruction to sell may not bind that spouse unless other legal rights apply.

Typical steps to compel a sale under Utah law

1. Confirm title and whether the house is probate property.

   Get a copy of the deed and run a title search (county recorder). If the property was titled solely in the decedent’s name at death, it is likely probate property. If it was owned jointly with right of survivorship or held in a trust, the property may pass outside probate and the will may not control.

2. Open probate (if not already opened) and identify the personal representative.

   To enforce a will, the estate usually must be administered through probate. The court appoints a personal representative who has authority to collect assets, pay expenses, and sell estate property when allowed by the will or court order.

   Utah Courts offers step-by-step probate information and forms: https://www.utcourts.gov/howto/probate/. Utah statutes governing probate are collected at Title 75 of the Utah Code: https://le.utah.gov/xcode/Title75/75.html.

3. Ask the personal representative to sell per the will.

   If the will directs sale, the personal representative should follow that direction. If the named personal representative (who might be the spouse) refuses, interested parties (beneficiaries) can petition the probate court to compel the representative to perform their duties, or to remove and replace the representative for failing to follow the will or for misconduct.

4. If the personal representative won’t act, petition the probate court.

   You can ask the court for orders that:

   • authorize the sale of estate real property,
   • compel the personal representative to comply with the will,
   • remove or surcharge (hold financially responsible) a representative who mismanages estate assets, and
   • appoint a replacement representative if appropriate.

   The court can supervise a public sale or allow a private sale, and can direct how net proceeds are distributed.

5. If the spouse actually holds title outside probate (or claims a homestead or statutory right), consider other remedies.

   If the spouse received ownership by survivorship, by beneficiary deed, or is asserting homestead/exempt-property rights, the will’s directions may not apply. Remedies include negotiating a buyout, filing a civil partition action (if co-owners exist), or litigating title or homestead claims in court.

6. If the spouse refuses to surrender possession, use post-sale enforcement tools.

   After a court-ordered sale, if the spouse refuses to deliver possession, the purchaser or the estate can ask the court for a writ of assistance or a writ of restitution to remove occupants and enforce the sale.

Common scenarios and likely outcomes

• House titled solely to decedent & probate open: Court can authorize sale under the will; proceeds distributed per will after expenses.
• House held jointly with right of survivorship: Title passes to joint owner outside probate; court cannot force that new owner to sell based on the decedent’s will, except in special circumstances (fraud, joint tenancy disputes, or an enforceable contractual right).
• Spouse is personal representative and beneficiary who refuses to follow the will: Other beneficiaries may petition the court to compel performance or remove the representative.
• Small estate: Utah has simplified procedures for small estates that may affect whether a formal probate sale is required.

Practical steps you can take right now

1. Obtain the will, death certificate, and a copy of the deed.
2. Confirm whether probate has been opened in the county where the decedent lived; check with the local probate court clerk.
3. Talk to the personal representative politely and in writing, asking for action consistent with the will. Keep records.
4. If that fails, file a petition in probate court asking for an order to sell the property and/or for removal of the personal representative.
5. Consider negotiation or mediation to avoid long court battles if beneficiaries and the spouse can reach an agreement.

Costs, timing, and likely delays

Expect months for a contested probate sale and up to a year or more if litigation arises. Costs include court filing fees, attorney fees, appraisal and title work, realtor commissions, and closing costs. If the estate is contested, attorney fees can become significant and may reduce net proceeds.

When to hire an attorney

Consult a probate or real property attorney in Utah when:

• Title is unclear or multiple parties claim ownership,
• the spouse is both personal representative and beneficiary and refuses to act,
• you need to file petitions to compel the sale or remove a representative, or
• the spouse asserts homestead, exempt property, or elective-share rights.

Relevant Utah resources and statutes

• Utah Courts — Probate how-to and forms: https://www.utcourts.gov/howto/probate/
• Utah Code, Title 75 — Probate (statutory framework for wills, administration, and duties of personal representatives): https://le.utah.gov/xcode/Title75/75.html
• Contact your county recorder to obtain deeds and recorded documents (county government websites link from https://utah.gov/).

Helpful Hints

• Start by confirming how the house is titled. That single fact often decides whether the will controls.
• Keep all communications in writing and keep copies—emails and letters help prove requests and refusals.
• Ask the personal representative for an estate accounting if you suspect mismanagement or refusal to follow the will.
• Consider mediation between beneficiaries and the spouse to reach a buyout or shared plan that avoids litigation costs.
• Remember that court orders can include deadlines, sale methods, and who pays costs; a clear, court-approved sale plan reduces post-sale fights.
• If the estate is small, small-estate procedures may allow faster distributions without a full probate sale—check the Utah Courts’ small-estate guidance.

Disclaimer: This article explains general principles of Utah law for educational purposes only. It is not legal advice, does not create an attorney–client relationship, and is not a substitute for consulting a licensed attorney about your specific case.