Detailed Answer

Short answer: If the decedent owned the house in his or her name alone and the will directs that the house be sold and the proceeds distributed, the personal representative (executor) can petition the probate/Orphans’ Court to carry out that instruction. If the surviving spouse has statutory rights (for example, an election against the will or homestead/family allowances) or if title is held jointly, the spouse may have legal claims that delay or alter the sale and distribution. Resolving this typically requires opening probate, obtaining letters testamentary, giving proper notice, and if necessary asking the court to order a sale or to resolve competing claims.

What to check first (title and ownership)

• Confirm how the house is titled at the county Recorder of Deeds. If the deed names the decedent alone, the property is part of the probate estate and the will generally controls. If the deed is joint tenancy with right of survivorship, the property typically passes to the survivor outside the will.
• Check for trust ownership, transfer-on-death deed, or mortgages/liens. These can affect whether and how the house can be sold.

Probate, personal representative, and letters

To enforce a will you generally must probate the will in the county where the decedent lived. The court will admit the will and issue letters testamentary (if an executor is named and qualified). The personal representative then has authority to gather estate assets, pay debts, and distribute property according to the will and applicable law.

For Pennsylvania statutes governing probate and estates, see Title 20 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

Surviving spouse rights that can affect a sale

• Election against the will: Pennsylvania law allows a surviving spouse to assert an election (claim) against a will to take a statutory share instead of what the will gives. That claim can affect how much proceeds the spouse is entitled to and may require the court to value assets before distribution. See the provisions on election against the will in Title 20 (20 Pa.C.S. § 2201 et seq.). For statutory text and details, consult the Pennsylvania Consolidated Statutes: 20 Pa.C.S..
• Homestead and family allowances: Pennsylvania provides certain allowances for a surviving spouse and minor children to help with living expenses and possibly a homestead allowance. Those rights can limit immediate distribution until claims are resolved.

How to compel a sale and distribution under Pennsylvania practice

1. Open the estate and qualify as personal representative. File the will and petition for probate at the Register of Wills/Orphans’ Court in the county of the decedent’s residence. Obtain letters testamentary.
2. Inventory and notify interested parties. Prepare an inventory, give notice to heirs and beneficiaries, and publish any required notices to creditors and unknown claimants.
3. Address spouse claims early. Ask the surviving spouse whether he or she intends to assert an election against the will or claim allowances. If the spouse asserts such rights, you may need to resolve value and distribution issues before sale.
4. Petition the court to authorize sale if necessary. If the will directs sale but the spouse refuses to cooperate (for example, refuses to vacate or to sign paperwork), the personal representative can file a petition with the Orphans’ Court (Probate Division) asking the court to: (a) determine competing claims to the property; (b) order partition or sale of estate real estate; and (c) authorize sale by private contract or public auction and confirm the sale. The court has power to resolve holdouts and authorize a sale that enforces the will after hearing competing rights.
5. Implement the sale under court supervision. Once the court authorizes a sale, follow court orders for advertising, appraisal, sale process, and obtaining court confirmation if required. After sale, pay valid debts, taxes, and distributions in the order required by law and the will.
6. If the spouse holds a legal interest in the house outside the will. If title is joint tenancy or the spouse has a life estate, those non-probate interests survive the will and cannot be compelled to be sold under the will alone. Instead you may need a quiet-title or partition action to clear title or ask the court to order a buyout if appropriate.

What the court will consider

The Orphans’ Court will weigh the decedent’s testamentary intent, the surviving spouse’s statutory rights (election, homestead or family allowance), the method of title, and the estate’s needs (creditor claims, taxes) before ordering a sale. The court favors orderly administration and fairness to all interested persons.

When to consider alternatives

• Negotiate a buyout: the estate may buy out the spouse’s interest so the house can be sold or retained by the estate.
• Mediation: courts often encourage mediation to resolve disputes faster than full litigation.
• Partition actions: if the spouse is a co-owner, a partition action divides or sells the property and distributes proceeds among owners.

Practical documents and proof you may need

• Original will and death certificate
• Deed and title search showing how property was held
• Mortgage statements and payoff figures
• Appraisal or market valuation
• Inventory of estate assets
• List of heirs and beneficiaries with contact information

Where to find the law and court rules

Primary statutory provisions governing wills, probate, and elective rights are in Title 20 of the Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/ (20 Pa.C.S.). For local procedures and filing you must use the Register of Wills and Orphans’ Court in the county where the decedent lived; county court webpages and the Pennsylvania Courts site provide contact and procedural details: https://www.pacourts.us/.

Important: This is general information about Pennsylvania probate law and is not legal advice. Laws and local procedures vary; deadlines and statutory details can be critical. You should consult a licensed Pennsylvania probate attorney or the Register of Wills/Orphans’ Court in the county where the decedent lived to discuss your situation and next steps.

Helpful Hints

• Act promptly: Probate and spouse claims can have time limits—don’t delay opening the estate.
• Don’t use self-help: Avoid trying to force a spouse out of a house without court approval—illegal self-help can create liability.
• Get a title search early: Clear information about how the property is titled determines whether the will controls the house.
• Keep records: Document communications with the surviving spouse and any attempts to negotiate.
• Consider mediation: Courts often allow mediation and it can save time and cost compared with full litigation.
• Consult a probate attorney: A lawyer experienced in Pennsylvania probate and Orphans’ Court procedure can draft petitions, advise about spouse elections, and represent you in court.
• Prepare for lender requirements: Mortgage payoffs and lender approvals can affect sale timing and net proceeds.