Detailed Answer

Short answer: To force the sale of a decedent’s house and have the proceeds distributed according to the will in Indiana, you generally must: (1) confirm how the house is titled; (2) open probate (or confirm an existing probate) and have the personal representative (executor) obtain court approval to sell the real estate or seek a court order compelling a sale; and/or (3) if the spouse is a co-owner or claims a right that prevents sale, address the spouse’s statutory rights (elective share, homestead, family allowance) or file a partition action if the spouse refuses to cooperate. Indiana’s probate process and court supervision are the usual routes to compel sale and distribution.

How this usually plays out in Indiana

Check title and the will. The first and most important step is to see whether the decedent owned the house in their sole name, jointly with the spouse, in a trust, or by beneficiary deed. If the house passed outside probate (for example, joint tenancy with right of survivorship or to a trust or TOD deed), probate proceedings may not control the transfer. If the house is a probate asset and the will devises it to someone other than the surviving spouse, the executor must follow the will unless the spouse successfully asserts a statutory right.
Open probate or review the open estate. If probate is required, the personal representative named in the will (or the court-appointed administrator if there is no will) can petition the probate court to administer assets, pay debts and, if necessary, sell real estate. Indiana’s probate statutes and local probate rules govern the steps, notices and required court approvals. See Indiana Probate Code (Title 29): https://iga.in.gov/legislative/laws/2024/ic/titles/029
Executor’s power to sell: look for express authority in the will or request court authority. Some wills give the personal representative express authority to sell real estate without further court approval. If the will grants that power, the executor still must follow statutory notice and timing rules and may need to account to the court. If the will does not grant express authority, the executor can petition the probate court for an order authorizing sale. The court will look at the estate’s needs (debts, taxes, equitable distribution) and may authorize sale when it benefits the estate and beneficiaries.
Surviving spouse’s rights and claims. A surviving spouse may have statutory protections that affect whether a house can be sold or how proceeds are distributed. Common claims include the elective share (a statutory right to claim a portion of the estate instead of what the will gives), a homestead allowance, and a family allowance to support the surviving spouse and minor children during administration. These rights must be asserted under Indiana law and can block or alter distribution if the spouse elects their statutory rights. See Indiana Probate Code (Title 29): https://iga.in.gov/legislative/laws/2024/ic/titles/029
If the spouse is a co-owner or refuses to cooperate: partition action or motion to compel sale. If title is held jointly (for example, as tenants in common) or the spouse refuses to permit sale even though probate and the will allow it, beneficiaries can file a partition action in civil court asking the court to divide or sell the property and distribute proceeds. If the property is a probate asset and the executor delays, interested beneficiaries may petition the probate court to compel the executor to administer and sell estate property. Partition or a probate motion are the two main litigation routes to force a sale.
Process and timing. Expect several steps: give notice to heirs and creditors, have the property appraised, file petitions, wait for hearings, and comply with court orders. Sales often require publication of notice and a court confirmation or approval. Timing varies by county, estate complexity and whether disputes arise.
Net proceeds distribution. After sale, the executor pays estate debts, taxes and administration expenses (including costs of sale), then distributes the remainder according to the will, subject to any valid statutory claims (spousal allowances or elective share). If a spouse successfully elects against the will, distribution may change.

Common hypothetical fact patterns and what they mean

Below are short hypotheticals showing how different fact patterns change the legal path.

House titled solely in decedent’s name and devised to the decedent’s child: Executor opens probate, seeks court authority to sell (if required), sells, pays debts, then distributes proceeds to the devisee—unless the surviving spouse timely claims an elective share or homestead allowance.
House titled in decedent’s name but the will gives surviving spouse a life interest: The executor must follow the will; a sale ordinarily cannot defeat a valid life estate without affecting the spouse’s life interest unless the spouse agrees or the court orders otherwise after evaluating all interests.
House jointly owned with spouse as tenants in entireties or joint tenants with right of survivorship: The property may pass automatically to the surviving joint owner and not be a probate asset. Probate won’t normally control an automatic transfer, so beneficiaries may not be able to compel a sale through probate.
Surviving spouse refuses to sell a house that is a probate asset and the will directs sale: Beneficiaries can ask the probate court to order the executor to sell. If the spouse holds title as co-owner, beneficiaries can file a partition action in civil court to force sale and division of proceeds.

Where to look in Indiana law

Key Indiana sources for these issues include the Indiana Probate Code (Title 29) and Indiana probate procedure rules. Useful official resources:

Indiana Probate Code (Title 29): https://iga.in.gov/legislative/laws/2024/ic/titles/029
Indiana Rules of Probate Procedure and local probate court information: https://www.in.gov/judiciary/rules/probate/
Indiana courts self-help and probate information (practical forms and county contact pointers): https://www.in.gov/courts/self-help/ (or search the Indiana Judicial Branch website for county probate instructions)

When to hire an attorney

Hire a probate attorney if there is any of the following: a contested spouse claim, unclear title, complicated debts/taxes, or if you need to file a partition action or a petition to compel sale. An attorney can (1) interpret the will and title, (2) prepare and file the necessary probate petitions, (3) handle hearings and notices, (4) negotiate buyouts or settlement with a spouse, and (5) represent you in partition litigation if needed.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, contact a licensed Indiana attorney who handles probate and estate matters.

Helpful Hints

Start by gathering the deed, the will, death certificate, mortgage statements and title insurance policy (if any).
Confirm whether the property is a probate asset (sole title) or passes outside probate (joint title, trust or transfer on death).
If you are the executor, determine whether the will grants explicit sale authority; if not, be prepared to petition the court for sale authority.
Be aware of the surviving spouse’s potential claims: elective share, homestead and family allowance. Don’t assume the will controls until you confirm these claims are waived or resolved.
Consider mediation or a buyout offer to the spouse before filing litigation—courts often encourage settlement and it can save time and cost.
File probate promptly when needed. Delays can complicate creditor issues, statutory deadlines, and spousal elections.
Expect formal notice requirements, appraisals and court hearings—plan for several months unless everyone agrees and the sale is simple.
Use county probate clerk resources for local procedures and forms, and confirm filing steps and fees with the clerk’s office.