Can I force a spouse to sell the house and distribute proceeds under an Idaho will?

Short answer: Under Idaho law, you generally cannot force an immediate private sale by the surviving spouse simply because a will directs a sale. But if the house is part of the decedent’s probate estate, the personal representative (executor) can ask the probate court to authorize sale of estate property and order distribution of proceeds according to the will. If the spouse owns the house outside probate (for example, joint tenancy with right of survivorship or community property-like interests), different rules apply and a sale may require a different lawsuit (for partition or declaratory relief). This article explains the common paths and what you can expect in Idaho.

Disclaimer

This article is educational only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Idaho attorney.

Detailed answer — How the process works in Idaho

1. Identify how the house is titled and whether it is probate property

First, determine whether the house is part of the deceased person’s probate estate. Common scenarios:

Title in decedent’s sole name: usually probate property and subject to the will.
Title in decedent and spouse as joint tenants with right of survivorship: survivorship passes to the survivor outside probate; the will typically won’t control the house.
Title as community property or with beneficiary deed/transfer-on-death: transfers may occur outside probate depending on documentation.

How the property is titled matters because probate court can control only property in the probate estate. If the spouse is the sole owner after survivorship or other transfer, the court cannot force that person to sell simply because the will says so.

2. If the house is probate property: open probate and appoint a personal representative

To put the house under court control, someone (often the named executor or another interested person) must file to admit the will to probate and to have a personal representative appointed. In Idaho this process is handled by the county probate court as governed by Idaho probate statutes and procedures. The personal representative has a statutory duty to collect estate assets, preserve them, pay valid debts, and distribute what remains under the terms of the will or law. See Idaho statutes on estates and probate for general authority and procedure: Idaho Code Title 15 (Estates and Protected Persons) and the Idaho Courts probate resource: Idaho Courts — Probate.

3. Personal representative’s power to sell estate real property

Once appointed, the personal representative typically can sell estate property to satisfy debts or to make distributions, but often must obtain court approval or follow statutory procedure (notice to heirs and interested persons, appraisal or valuation in some cases, and a petition or report of sale). If the will directs a sale and distribution, the representative will petition the court to authorize the sale and to approve terms and distribution of proceeds. The court reviews whether the proposed sale is in the estate’s best interest.

4. If the surviving spouse refuses to cooperate with an authorized sale

Common points of friction:

If the spouse remains living in the house and resists vacating or preventing sale, the personal representative may ask the court for orders removing impediments, for an order authorizing a sale subject to an occupancy agreement, or for rent to be paid to the estate.
If the spouse claims ownership (e.g., title issues, survivorship, homestead, or an elective/spousal share), the spouse can file objections in probate. The personal representative then must prove the property belongs to the estate or resolve competing claims, which may require litigation.

5. If the spouse owns property outside probate (joint tenants, beneficiary deed, or other nonprobate transfer)

If the house passed to the spouse automatically (survivorship, beneficiary deed, etc.), the will’s directions do not control that property. To change that, the estate or other heirs would generally need to show a legal defect in the transfer (e.g., forged document) or pursue a purchase/partition. If both the spouse and the decedent are co-owners (tenants in common), an interested co-owner can file a partition action in county court to divide or sell the property and distribute proceeds. See Idaho civil statutes for partition remedies: Idaho Code Title 6 (Civil Remedies).

6. Common legal claims the spouse might raise and how they affect a sale

Survivorship rights or beneficiary transfer — may remove the property from probate entirely.
Homestead or exemption claims — Idaho law provides certain protections that may allow the surviving spouse to remain in the home or claim a portion of its value.
Elective share or spousal share — some states allow a surviving spouse to take a statutory share despite a will. Check Idaho statutes and consult counsel about the spouse’s rights to claim against the estate.
Creditor claims and mortgages — debts secured by the house must be satisfied or otherwise dealt with before clean distribution.

7. Typical court remedies to compel sale and distribution

Depending on the situation, remedies include:

Probate court order authorizing sale of estate property and directing distribution to beneficiaries.
Partition action (if the spouse is a co-owner and property is not solely estate property) requesting sale and division of proceeds.
Declaratory judgment to resolve ownership or title disputes before sale.
Injunctions or contempt proceedings if a party disobeys court orders.

8. Practical timeline and costs

Probate and any contested litigation (partition, ownership disputes, elective share proceedings) can take months to years depending on complexity, court schedules, and whether the parties settle. Costs include court filing fees, appraisal fees, title work, attorney fees, taxes, and possibly lender payoff amounts. The personal representative should account for these when deciding whether a sale is appropriate and how to price and market the property.

9. Best immediate steps

Locate the deed, will, mortgage papers, and insurance policies; confirm how title is held.
If probate hasn’t been opened, file to admit the will and appoint a personal representative (or confirm appointment of the named executor).
Have the personal representative inventory assets and seek court authority to sell estate real property if required.
If title issues or co-ownership complicate matters, consider a partition action or declaratory relief.
Consult an Idaho probate or real property attorney promptly — even an initial consultation helps you understand likely outcomes and costs.

Helpful Hints

Check the deed and county recorder’s office to confirm how the house is titled before assuming the will controls it.
Open probate quickly when the house is probate property so the estate can secure and manage the asset.
Keep detailed records: inventories, appraisals, communications, and receipts for estate actions; this protects the personal representative from later claims.
Get at least one professional appraisal or broker opinion of value before petitioning the court for sale approval.
Consider mediation if the spouse objects; courts often encourage settlement and it can save time and money.
If you suspect fraud or forged signatures on transfers, act quickly — statutes of limitation can bar claims later.
Remember that mortgage liens, tax liens, and legitimate creditor claims may need to be paid from sale proceeds before distribution.
Ask the personal representative to consult counsel if unsure about authority to sell without court approval.

Where to find Idaho legal resources

Idaho Code — Title 15 (Estates and Protected Persons): https://legislature.idaho.gov/statutesrules/idstat/Title15/
Idaho Code — Title 6 (Civil Remedies; for actions such as partition): https://legislature.idaho.gov/statutesrules/idstat/Title6/
Idaho Courts — Probate information and local court contacts: https://isc.idaho.gov/probate

If you want, provide a brief summary of the facts (how title is held, whether probate is open, whether the spouse lives in the house, and whether the will explicitly orders sale) and I can explain likely next steps specific to those facts.