Detailed answer — plain-language explanation of the legal tools in Missouri

This answer explains the common ways a person can compel a sale of a house so proceeds are distributed according to a decedent’s will under Missouri law. It uses typical facts: a decedent left a will that directs sale of the family home and distribution of sale proceeds to beneficiaries, but a surviving spouse is living in the house and will not agree to sell.

First, determine who actually owns the property

Missouri remedies depend on title and the spouse’s legal rights:

• If the decedent owned the home solely in their name at death (no joint tenancy or survivorship), the house becomes part of the decedent’s probate estate. The personal representative (executor or administrator) appointed by the probate court controls estate property and can seek court authority to sell it to pay debts and distribute proceeds under the will.
• If the decedent and spouse held title as joint tenants with right of survivorship or as tenants by the entireties (typically for married couples in some circumstances), the property may pass automatically to the surviving spouse on death and thus may not be part of the probate estate. If that is the case, an order forcing sale is more complicated because the spouse owns the property outright.
• If the will created only a life estate for the spouse (i.e., spouse has right to live there for life) and remainder interests belong to others, a court can enforce the will and order sale at the appropriate time or order partition of interests.

Probate court path if the property is estate property

If the house is part of the probate estate, the normal path in Missouri is:

1. Open probate and have a personal representative appointed by the circuit probate division.
2. The personal representative inventories estate assets and determines whether there is a need to sell real property (to pay creditors, expenses, or to effectuate the will’s directions).
3. The personal representative must obtain court approval to sell real estate in many cases. The representative files a petition asking the probate court for an order authorizing sale and describing proposed terms. The court will hold a hearing and may approve sale subject to conditions (advertising, upset bids, confirmation, etc.).
4. After sale, the personal representative pays valid expenses and claims, and then distributes remaining proceeds according to the will or intestacy rules.

Missouri Courts maintain probate guidance and local procedures; see the Missouri Courts probate overview for practical steps: Missouri Courts — Probate Information.

When the surviving spouse still has title

If the surviving spouse has legal title that did not pass through probate (for example, title as joint tenant or surviving spouse by right of survivorship), beneficiaries cannot force a sale through probate because the property no longer belongs to the estate. Two possible civil actions can still be available:

• Partition action — if the spouse and other beneficiaries are co-owners (for instance, the will gave the spouse a share but title places both on record), a partition action in circuit court can force sale or division of property. Partition law in Missouri is found in the statutes governing partition actions: Mo. Rev. Stat. Chapter 527 — Partition. The court can order physical division where possible or a sale and division of proceeds.
• Claims based on fraud, undue influence, or improper transfer — if title was transferred to the spouse shortly before death to defeat the will, beneficiaries may challenge that transfer in court and seek to set it aside. The facts must support a successful claim (e.g., evidence of lack of capacity, undue influence, or fraudulent conveyance).

Surviving spouse rights (allowance and elective share)

Missouri law protects certain rights of a surviving spouse. That may affect how much of the estate is available to other beneficiaries. Common protections include a statutory allowance or homestead rights and an elective share in lieu of what the will provides. For a general start, consult Missouri’s laws on wills and probate available at the state revisor: Mo. Rev. Stat. Chapter 474 — Wills, and use the Revisor site to locate statutes specific to allowances and elective shares: Missouri Revised Statutes search.

Typical timeline and costs

Probate administration and court petitions take months to a year or more depending on complexity, creditor claims, litigation, and whether property must be appraised and marketed. Partition or litigated claims (to set aside transfers) can add many months and increase legal costs. Expect attorney fees, court costs, appraisal fees, title work, and possible real estate sale costs to be paid from the estate or by parties if litigation fails.

Practical steps to take now

1. Obtain a copy of the decedent’s deed and the will. Check how the property is titled with the county recorder.
2. Determine whether probate has been opened and who is the personal representative. If probate is not opened and the house is part of the estate, ask an attorney how to open probate and petition for sale and distribution.
3. If the spouse refuses to cooperate and you believe title passed to the spouse improperly, collect evidence (deed dates, transfers, medical records, communications) and consult an attorney about a challenge.
4. If co-ownership exists, consider a partition action petition in the circuit court where the property sits.
5. Keep clear records of all communications, expenses, and attempts to resolve the issue without litigation. Courts look favorably on good-faith attempts to settle disputes.

When to hire a lawyer

Hire an experienced probate or real estate litigation attorney if any of the following apply:

• The spouse asserts ownership contrary to the will and refuses to cooperate;
• You suspect improper transfers or fraud;
• The estate includes significant debts or creditors objecting to sale;
• You need to file a partition action or a petition in probate court to authorize sale.

Helpful Hints — practical tips for beneficiaries and executors in Missouri

• Check title first: the county recorder’s office shows whether the spouse is on the deed and the form of ownership.
• Open probate promptly if the home appears to belong to the estate—delay can complicate creditor claims and estate administration.
• Ask the personal representative to file a petition to sell the property for administration purposes. If you are the representative, follow local probate rules for notice, appraisals, and court confirmation.
• If the spouse claims the home as their sole property, request proof (deed, survivorship language). If in doubt, consult counsel about petitioning the court to determine ownership.
• Consider mediation or negotiated buyout: beneficiaries sometimes buy out a spouse’s claim or agree to a structured distribution to avoid costly court fights.
• Preserve evidence: copies of deeds, wills, bank records, doctor’s notes, and communications can be crucial if you must challenge transfers or filings.
• Expect delays: litigation and probate move slowly; budget time and money accordingly.
• Use Missouri resources — the Revisor of Statutes is the official source for state law: revisor.mo.gov.