Quick answer: If a decedent’s will directs the sale of the home but a surviving spouse refuses, the usual path in Illinois is to open probate (if not already opened), get the personal representative (executor) appointed, and ask the probate court to authorize and supervise the sale. If the spouse holds legal title or a statutory right (for example, homestead, life estate, or an elective claim), those rights must be resolved before or as part of the sale. If the spouse simply occupies the property and refuses to cooperate, the probate court can order sale and distribution of proceeds and the court process can also be used to remove the occupant. This article explains the common steps and options under Illinois law.

Disclaimer: This article provides general information about Illinois law and is not legal advice. For advice about a specific situation, consult a licensed Illinois attorney.

Detailed answer — step by step

1. Confirm ownership and the will’s instructions

Start by obtaining a copy of the will and a copy of the deed to the house. The will may direct a sale of estate property or direct distribution of proceeds. Determine whether the property is owned in the decedent’s sole name, jointly with the spouse (joint tenancy or tenancy by the entirety), or already transferred by other means (trust, deed, survivorship transfer). If the spouse holds title as a joint owner with right of survivorship, the property may pass automatically to the spouse and the will’s direction to sell may not be effective without undoing the survivorship ownership.

2. Open probate and get court appointment

To enforce the will, someone (often the nominated executor) must file the will and a petition for probate in the county probate court where the decedent lived. If the court admits the will, it issues Letters Testamentary (for an executor) or Letters of Administration (if no will or no executor). The personal representative then has authority to manage estate assets and ask the court to carry out the will’s directions. Illinois probate law is found in the Probate Act of 1975 (755 ILCS 5); the Act describes the personal representative’s duties and the court’s powers: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=59

3. Ask the probate court to authorize a sale

If the will directs a sale or if sale of real property is necessary to pay debts, taxes, or to carry out administration, the personal representative should petition the probate court for authority to sell the real estate. The court can approve terms and may supervise a judicial sale. The court process gives formal notice to heirs, creditors, and interested parties (including the surviving spouse), and creates a record showing the sale and distribution were authorized.

4. Address the surviving spouse’s legal rights

Under Illinois law a surviving spouse may have statutory rights that affect a sale:

• Ownership by joint tenancy or tenancy by the entirety can defeat a will’s attempt to direct sale of the property.
• The spouse may claim a homestead right, allowance, or an elective share depending on the circumstances. Those claims must be asserted and resolved during administration.

Because these rights can block or limit a sale, the personal representative should identify any claims and, if necessary, ask the court to determine them as part of the probate case.

5. If the spouse is an occupant and refuses to vacate

If the spouse is not an owner but occupies the house, the probate court can still order a sale and direct how the occupant should be treated (for example, ordering a stay to allow relocation for a short period). If the occupant will not leave after the court authorizes sale and transfer, the estate may need to use the county eviction process or seek assistance from the sheriff once the court issues clear title to the buyer. Avoid attempting self-help eviction; Illinois eviction rules and forcible entry laws apply to post-death occupancy situations as well.

6. If the spouse or another party challenges the sale

If the spouse files objections—claiming title, a life estate, undue influence, or that the will is invalid—the probate court will hear the dispute. Common remedies include:

• Setting a hearing on the objection;
• Resolving ownership claims before approving sale;
• Approving sale subject to payment of a claim or a lien on the proceeds;
• Ordering a sale by the court and distribution of proceeds into the court registry while claims are resolved.

7. If the property is co-owned (partition)

If title is in the surviving spouse’s name jointly with the decedent and the spouse refuses to sell, a partition action (a civil court case asking the court to divide or force sale of jointly owned property) may be available if the co-ownership is between heirs or beneficiaries who together hold title. Partition actions are governed by Illinois civil procedure; they are used when legal title is shared and one co-owner wants to force a sale or physical division. If the property passed automatically to the spouse by survivorship, partition will not help because the spouse is sole owner.

8. Distribution of proceeds

Once the court authorizes and completes a sale, the personal representative must pay estate debts, taxes, costs of administration, and then distribute the remainder according to the will. If a dispute exists over the spouse’s share, the court may require proceeds to be held in the registry pending resolution.

9. Typical timeline and costs

Probate can take several months to a year or longer depending on complexity and disputes. Court-supervised sales add time and cost (appraisals, publication, commissioner fees). If litigation arises over the spouse’s rights, expect additional delay and attorney fees. Weigh the likely cost of litigation against possible benefit of forcing an immediate sale.

Helpful hints — practical checklist

• Get the death certificate and a certified copy of the will.
• Check the deed at the county recorder to confirm how title is held.
• Open probate promptly if the estate has significant assets or creditors.
• Ask the court for permission to sell estate property rather than relying on informal agreements.
• Give formal written notice to the surviving spouse and other heirs about the probate filing and any petition to sell.
• Obtain at least one professional appraisal before petitioning the court for a sale price or listing price.
• Consider mediation if family conflict makes litigation likely; courts often favor practical settlements.
• If eviction becomes necessary after sale, use the formal eviction process—do not attempt self-help.
• Keep careful records of all notices, offers, appraisals, and court filings—the probate record controls distribution.
• Consult a probate or real estate attorney licensed in Illinois early to assess competing claims (homestead, survivorship, elective share) and to prepare the necessary petitions.

Where to look in Illinois law

The primary statutory framework for probate administration in Illinois is the Probate Act of 1975, codified at 755 ILCS 5. The Act explains the powers and duties of personal representatives, notice requirements, and the court’s authority to supervise sales of estate property: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=59

Partition and other civil remedies are handled under Illinois civil procedure statutes and local court rules; your attorney can identify the correct provisions based on the county where the property is located.