Can I force a surviving spouse to sell the house so the will’s proceeds are distributed?

Short answer: Possibly — but whether you can force a sale depends on who holds legal title, what interest the surviving spouse has (ownership, homestead, or an elective/share right), and whether the probate court grants authority to sell. Under Alabama probate law the executor (or administrator) can ask the probate court to authorize a sale when necessary to administer the estate, and beneficiaries can ask a court to compel sale or distribution when a spouse’s continuing possession blocks that administration.

Detailed answer — how this works in Alabama

Start by understanding three basic facts that determine your options:

Title: Was the decedent the sole owner, joint owner with right of survivorship, or did the spouse hold title with the decedent? Ownership determines whether the property automatically passed or became part of the probate estate.
Will vs. law: Does the will leave the house to someone else? Even if the will leaves the house to other beneficiaries, state law (homestead and spousal rights) can limit how the property is distributed.
Probate status and executor powers: Has a will been admitted to probate and has an executor or administrator been appointed? The court-appointed fiduciary holds the authority to manage estate assets and to petition the court for orders (including sale orders) under Alabama probate law.

Typical steps to compel a sale under Alabama law

Confirm whether the house is in the probate estate. If the house was held in the decedent’s name alone at death, it is typically estate property and subject to administration. If the house was owned jointly with right of survivorship or placed in a trust, it may have passed outside probate.
Admit the will and obtain letters testamentary (or appointment as administrator). The executor must be appointed by the probate court to act. If the will is not yet admitted, file it with the local probate court and follow the probate filing steps.
Determine the surviving spouse’s legal rights. Alabama law gives surviving spouses certain protections (homestead allowance, exempt property, possibly an elective share). Those rights can limit an executor’s ability to immediately sell or distribute the home. Review the probate code and speak with the probate court clerk to learn which statutory allowances may apply (see Code of Alabama, Title 43 — Wills, Trusts, and Administration: https://www.legislature.state.al.us/).
Ask the spouse to cooperate — demand and negotiate. A simple written demand from the executor to the spouse to vacate, cooperate in sale, or accept a buyout often solves the issue faster and costs less than court action.
If the spouse refuses, petition the probate court for authority to sell. In Alabama the executor/administrator may petition the probate court to sell estate real property when necessary to pay debts, pay expenses of administration, or for distribution according to the will. The court will consider the spouse’s statutory rights and whether a sale is needed.
If title is shared (co-ownership), file a partition action in the circuit court. When the spouse is a co-owner (not merely an occupant), beneficiaries or co-owners can file a partition action asking the circuit court to divide the property or order a sale and divide the proceeds.
Enforce the court’s order. If a probate or circuit judge orders a sale, the sale is binding and the executor or court-appointed commissioner will complete it. If the spouse refuses to comply with a court order, you can ask the court to enforce it — through contempt, eviction, or other enforcement mechanisms.

Common legal barriers and special considerations

Homestead and allowances. Alabama law gives a surviving spouse certain homestead protections and allowances that may survive probate and affect whether property can be sold. The probate court will protect these rights before authorizing a sale (see Code of Alabama, Title 43). Link to the Alabama Legislature site: https://www.legislature.state.al.us/.
Elective/share claims. A surviving spouse may be entitled to an elective share or statutory share that can change how proceeds must be divided. These claims can make it impossible to distribute full sale proceeds to the will’s residual beneficiaries until statutory entitlements are satisfied.
Mortgage, liens, and taxes. If the house has a mortgage or liens, those must be paid at closing or otherwise addressed. Selling to satisfy creditors is a common reason probate courts authorize a sale.
Time and costs. Court proceedings (probate petitions, partition actions, enforcement orders) cost money and take time. Consider mediation or a negotiated buyout before suing. A buyout lets beneficiaries purchase the spouse’s interest (or the spouse sell his/her use rights) without a public sale.
Eviction and possession. Even after a court orders sale or distribution, removing a spouse from the property may require additional proceedings (eviction or enforcement) if they refuse to vacate.

Hypothetical example (simple fact pattern)

Facts: John died owning his home in his name alone. His will leaves the house and sale proceeds to his two children. John’s surviving spouse, Mary, continues to live in the house and refuses to move or sell.

What an executor can do under Alabama law:

File John’s will with the county probate court and obtain appointment as executor.
Notify Mary in writing of the executor’s duties and request cooperation to list and sell the house.
Determine whether Mary has a homestead allowance or other statutory claim; account for those claims before distribution.
If Mary refuses to cooperate and the property is estate property, petition the probate court for an order to sell the house to administer the estate and distribute proceeds in accordance with the will and applicable spousal allowances.
If Mary is a co-owner rather than merely a surviving spouse with occupancy, the beneficiaries or co-owners may start a partition action in circuit court to force sale and division of proceeds.

Practical next steps — what you should do now

Gather documents: the will, the deed, mortgage statements, title documents, and the death certificate.
Check whether the will has already been probated. Call the probate court where the decedent lived.
Ask the court clerk about local probate forms and whether the spouse has filed any claims (homestead, allowances, or an elective share).
Try to negotiate a voluntary sale or buyout to avoid litigation costs.
If negotiation fails, file the appropriate petition in probate court (or a partition action in circuit court if title is shared) and be prepared to show why sale is necessary and how the spouse’s statutory rights will be protected.

Helpful hints

Do not attempt to change locks or remove the spouse without a court order — doing so can expose you to liability.
Talk to the probate court clerk early; they can explain local filing requirements and timelines.
Try mediation or a written buyout offer first — it’s usually faster and cheaper than court.
Keep clear, dated records of all communications with the spouse and attempts to cooperate.
Be prepared to account for homestead allowances, spousal allowances, and possible elective-share claims before distributing sale proceeds.
If the property has a mortgage, plan for payoff or assumption as part of the sale process.
Consult an attorney who handles Alabama probate and real property matters to evaluate homestead and spousal-rights issues specific to your case.

Key legal resources: Check the Code of Alabama — Title 43 (Wills, Trusts, and Administration) for probate topics and the probate court rules for your county. The Alabama Legislature’s website: https://www.legislature.state.al.us/ provides access to the Code of Alabama.

Disclaimer: This article explains general Alabama law and common procedures. It is for informational purposes only and is not legal advice. Every case is different. To understand how the law applies to your circumstances and to get help filing the proper petitions, consult a licensed attorney in Alabama.