Overview

This FAQ-style guide explains what to do when a decedent’s will directs that real estate be sold and the proceeds distributed, but the surviving spouse will not cooperate. It summarizes how Nebraska law typically handles ownership, probate, and court-ordered sales, and gives practical next steps you can take. This is general information only and not legal advice.

Short answer

If the house is part of the decedent’s probate estate (owned solely by the decedent or otherwise passing under the will), you usually ask the county court to open probate, appoint a personal representative, and then ask the court for authority to sell the house and distribute proceeds according to the will. If the property passed to the spouse outside probate (for example, by joint tenancy or survivorship deed), the will generally cannot force a sale. If title is shared (tenants in common) you may be able to force a partition or sale. The exact path depends on how the property is titled and on Nebraska probate and property law.

Key Nebraska statutes and official resources

• Probate Code (appointment, administration, and sale of estate property): Neb. Rev. Stat. Chapter 30 — Probate https://nebraskalegislature.gov/laws/statutes.php?chapter=30
• Nebraska Judicial Branch — county court probate information and forms (practical court filing steps vary by county): https://supremecourt.nebraska.gov/county-courts

How to decide the correct route (basic checklist)

1. Check title and how the house passes: Look at the deed. Is the decedent the sole owner? Joint tenant with right of survivorship? Tenant in common? Is there a survivorship deed, trust, life estate, or transfer-on-death instrument? If the property passed outside probate (e.g., joint tenancy or transfer-on-death), the will usually cannot force a sale.
2. Confirm whether the will has been admitted to probate: If the will has not been probated, a named executor or an heir can file a petition to open probate in the county court where the decedent lived.
3. Determine the spouse’s legal status regarding the estate: Is the spouse the named personal representative (executor)? Is the spouse opposing the sale as an heir or owner? Spousal rights (family allowance, possibly homestead or elective-share rights) may affect how much of the sale proceeds are distributable. See the Probate Code linked above.

Common legal paths in Nebraska

1) Property is probate property (owned by the decedent at death)

Steps:

• File a petition to open probate and to appoint a personal representative if that has not happened.
• If you are the named executor in the will, ask the court to admit the will and appoint you. If the spouse is refusing to comply and is not the personal representative, the personal representative has the duty to act in the estate’s best interest.
• The appointed personal representative can seek court approval to sell real estate. The probate court can authorize a sale under the Probate Code when it is necessary to pay debts, expenses, or to carry out the terms of the will. The court can order the sale even over family objections if legally appropriate.
• After sale, the personal representative distributes proceeds according to the will, subject to valid claims, allowances, and any spouse-specific statutory rights.

2) Property is nonprobate or jointly owned

If the spouse acquired title automatically (for example, joint tenancy with right of survivorship or a survivorship deed), the property typically passes to that spouse outside probate. In that case, the will cannot force a sale. If title is held as tenants in common, the decedent’s share may pass under the will and a partition or forced-sale action may be possible.

3) Spouse is the personal representative and refuses to follow the will

If the spouse is serving as personal representative but refuses to sell or distribute as the will requires, interested parties (beneficiaries or creditors) can petition the court to:

• compel the representative to perform duties;
• remove the representative for failure to perform or for misconduct; and
• seek court orders authorizing sale and distribution.

Practical steps you can take now

1. Gather documents: death certificate, original will, deed, mortgage statement, insurance policy, tax bills, and any correspondence with the spouse or the named executor.
2. Check the deed and the county recorder’s office to confirm current title and any liens.
3. Talk to the spouse (if safe and reasonable) and propose a written agreement or mediation. Courts often prefer parties to resolve disputes without expensive litigation.
4. If informal resolution fails, consult a Nebraska probate attorney to evaluate options: open probate, petition for sale, petition to remove or compel the personal representative, or file a partition action if appropriate.
5. If you believe the personal representative is mishandling estate assets, you can ask the court for an accounting and emergency relief to protect estate property.

Timing and likely costs

Probate and contested actions can take several months to more than a year, depending on complexity and court backlog. Court fees, appraisal and real estate costs, attorney fees, and possible appeals can add significant expense. An uncontested sale by a willing personal representative is usually far quicker and cheaper.

When a court will (or will not) order a sale

Court-ordered sales are common when selling estate real property is necessary to pay debts, expenses, or to divide assets per the will. The court will look at title, the will language, beneficiary interests, claims against the estate, and any statutory spousal rights. If the spouse is the sole owner outside probate, courts generally will not force a sale under the will.

Helpful hints

• Don’t assume the will controls title — check the deed first.
• Preserve all evidence of ownership, communications, and financial statements.
• Consider mediation before litigating; courts often encourage settlement.
• Act quickly to open probate if the estate is not yet administered; delays can complicate creditor claims and distributions.
• Ask your attorney about interim relief (temporary restraining orders, injunctions, or receiver appointments) if you fear the spouse might dissipate assets.
• Be aware of spousal protections under Nebraska law (family allowance, homestead or other statutory rights) that may reduce distributable proceeds — discuss these with counsel.
• Keep communication documented. Written proposals and settlement offers help in court and may demonstrate good faith.

Finding help

Because the outcome depends heavily on title, the will’s language, and whether the property passed outside of probate, speak with a Nebraska probate or real estate litigation attorney. Use county court clerks and the Nebraska Judicial Branch resources for local filing requirements and forms.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed Nebraska attorney.