Detailed answer — how this works under Mississippi law

1) Identify who owns the house and what the will says

Start by confirming title and the decedent’s will instructions.

• If the house was owned jointly with right of survivorship (joint tenancy or tenancy by entirety), the property may pass automatically to the surviving joint owner and is not controlled by the will.
• If the house was solely in the decedent’s name (or in the decedent’s estate) and the will directs sale and distribution of proceeds, the executor normally has authority to carry out that directive—but only after the will is admitted to probate and the court issues letters testamentary or letters of administration.
• If the decedent gave a life estate to the spouse or otherwise created an interest in the spouse, that changes what the executor can do.

2) Probate and appointment of the personal representative

To act for the estate you generally must have court authority. In Mississippi, probate and estate administration matters are handled by the chancery court in the county where the decedent lived. The typical steps an executor or interested party follows:

1. File the will and a petition to open probate in chancery court.
2. Get letters testamentary (if named executor) or letters of administration (if no will or appointment is needed).
3. Take inventory of estate assets, notify creditors, and handle routine administration tasks.

Once appointed, the personal representative may ask the court for authority to sell real property when needed to pay debts, expenses, or to carry out the terms of the will.

3) The surviving spouse’s statutory rights that can limit a forced sale

A surviving spouse has several protections under Mississippi law that can affect whether or how a house can be sold:

• Exempt property, homestead allowance, and family allowance — statutes allow a surviving spouse to claim certain exemptions and an allowance for support, which may reduce what the estate can distribute until the allowance is satisfied.
• Elective share or statutory rights — in some states a spouse can claim a statutory share of the estate instead of what the will provides; check Mississippi probate provisions for the spouse’s options.
• Possession or occupancy — if the spouse currently lives in the house, the court may need to address occupancy rights and timelines before ordering a sale.

Because these rights can block or delay a sale or require part of the proceeds to be set aside for the spouse, you or the executor should identify claimed exemptions early.

4) What to do if the surviving spouse refuses to cooperate

If the spouse objects to selling the house or to distributing proceeds as the will directs, options include:

• Negotiate a buyout or settlement: the spouse could be paid an agreed amount or allotted other estate property in exchange for releasing claims.
• File a motion in chancery court: the personal representative can ask the court to authorize a sale and resolve disputes. The court can order a sale when necessary to pay debts or to effectuate the will, after considering the spouse’s statutory rights.
• Partition or partition by sale: if co-owners (not typical between decedent and surviving spouse unless title is shared) are in disagreement, a court can order a partition in kind or a sale and divide proceeds among owners.
• Objection and accounting proceedings: the spouse can file claims against the estate; the court will adjudicate those claims as part of the probate process.

5) Practical steps and the usual court process to compel a sale

1. Obtain certified copy of death certificate and file the will with the chancery court to open probate.
2. Secure appointment as executor or confirm the court-appointed administrator.
3. Give required notices to heirs, creditors, and the surviving spouse. The probate rules require notice periods that give interested parties time to assert claims.
4. If the estate lacks cash to pay debts, taxes, or expenses, petition the court to authorize sale of estate real property. Include reasons: debts, costs of administration, or clear testamentary direction to sell.
5. The court will consider the spouse’s claims (homestead/exempt property/family allowance). If the court finds a sale appropriate, it will authorize sale procedures (public sale, upset bid process, or sale by private contract subject to approval), then approve the sale and direct how proceeds are distributed after paying liens, expenses, and valid claims.
6. Account to the court and request discharge once administration is complete.

6) Common complications you should expect

• Mortgage, liens, or tax problems—these must be paid or dealt with before clear distribution.
• Title problems—if title is defective, a quiet-title action or resolution may be necessary.
• Spouse’s statutory claims—homestead or allowances can reduce distributable proceeds or delay sale.
• Jointly held property that avoids probate—if title passes outside probate, the will cannot force a sale of that share.

Statutes and official resources

Mississippi’s probate rules and statutes govern wills, administration, homestead allowance, and related matters. A helpful starting point is Mississippi’s code and the chancery court webpages:

• Mississippi Code (search Title 91 — Probate, Intestate Succession, Wills, and Administration): https://www.legislature.ms.gov/
• Mississippi judiciary and chancery court information (probate matters are handled by chancery courts): https://courts.ms.gov/

Because statutory names and section numbers change and can be technical, an attorney can identify the precise provisions that apply to your situation.

Helpful Hints

• Gather documents now: death certificate, will, deed/recorded title, mortgage statements, insurance, marriage certificate, and a list of possible heirs.
• Check how title is held—this often controls whether the will can reach the house.
• Act fast on deadlines—probate notices and creditor claim periods have time limits; missing them can complicate matters.
• Try negotiation first—courts prefer settlement. A buyout or property exchange can be faster and cheaper than litigation.
• If a quick sale is needed to pay debts, the executor should petition the court immediately and explain urgency (taxes, mortgage default, estate expenses).
• Consult a Mississippi probate attorney before filing motions—complex rules, spouse’s rights, and local practice can materially affect the outcome.
• Use local resources—contact the chancery clerk’s office in the county where the decedent lived to learn local filing procedures and forms.

Disclaimer: This article explains general principles under Mississippi law and is for educational purposes only. It is not legal advice. For advice tailored to your facts, consult a licensed Mississippi attorney.