The Short Answer

In Florida, whether you can “force” a sale depends first on what legal interest the surviving spouse has in the home (for example, homestead rights, elective share rights, or title held outside probate). If the property is part of the probate estate and a sale is authorized, the personal representative (or a beneficiary in some situations) can ask the probate court to order a sale or otherwise enforce distribution.

What Florida Law Says

Florida probate administration is designed to settle the estate and distribute assets, but real estate is often the hardest asset to deal with because a surviving spouse may have independent statutory rights that can override or limit what a will says—especially if the home is protected homestead or if the spouse asserts an elective share.

The Statute

The primary law governing court-ordered partition/sale for distribution is Fla. Stat. § 733.814.

This statute allows the personal representative or any beneficiary to petition the probate court to partition property for distribution, and it authorizes the court to direct a sale when the property cannot be partitioned without prejudice or cannot be allotted equitably and conveniently.

Separately, if the will gives the personal representative a power of sale (or if the court authorizes/confirm a sale in other situations), Florida law also addresses the personal representative’s authority to sell real property under Fla. Stat. § 733.613.

Why You Should Speak with an Attorney

Even when a will “directs” that a house be sold and proceeds distributed, enforcing that direction against a surviving spouse can turn into a high-stakes dispute about title, homestead, and spousal rights. Legal outcomes often depend on:

• Homestead restrictions and inheritance rights: Florida homestead rules can limit how a home passes at death and what a will can do. For example, Florida law restricts devising homestead if the owner is survived by a spouse or minor child. See Fla. Stat. § 732.4015, and homestead descent rules can create a spouse’s life estate or a 1/2 tenant-in-common election in certain cases. See Fla. Stat. § 732.401.
• Elective share leverage: A surviving spouse may have the right to claim an elective share of the “elective estate,” which can affect whether and when assets (including real estate interests) can be distributed. See Fla. Stat. § 732.201.
• Who actually owns the house: If the home was held as tenancy by the entireties or as joint tenants with right of survivorship, it may pass outside probate—meaning the will’s “sell and distribute” language may not control that asset at all (and a probate judge may have limited ability to order a sale through the estate case).

Because the right strategy depends on how the property is titled, whether it qualifies as homestead, and what the spouse is claiming, trying to handle this alone can lead to delays, avoidable litigation, or an order that doesn’t accomplish what you need.

If you want more background, you may also find these helpful: selling a house from an estate before probate is finalized in Florida and whether a jointly owned house must be probated after a spouse dies in Florida.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.