The Short Answer

In Pennsylvania, you generally can’t personally “force” a surviving spouse to sell a house just because the will says the proceeds should be distributed—what matters is who legally owns the house right now and whether the executor has authority to sell it. If the home is part of the probate estate and the executor has (or can obtain) the power to sell, the usual path is an Orphans’ Court petition asking the court to authorize or enforce a sale and distribution.

What Pennsylvania Law Says

Two issues typically control these disputes: (1) whether the property is actually an estate asset (as opposed to passing outside probate, such as by survivorship), and (2) whether the personal representative (executor/administrator) has authority to sell and distribute the proceeds under the will and Pennsylvania’s probate code.

The Statute

The primary law governing court-authorized sales of estate real estate is 20 Pa.C.S. § 3353.

This statute allows the personal representative to sell estate real property under an Orphans’ Court order—including property that is specifically devised—when the court finds the sale is desirable for proper administration and distribution of the estate.

Relatedly, Pennsylvania law gives the personal representative broad rights to take possession and administer estate property during administration, and the court can intervene when an heir/devisee is occupying the property and administration requires action. See 20 Pa.C.S. § 3311.

Why You Should Speak with an Attorney

Even when a will directs that a house be sold and proceeds distributed, applying that instruction can get complicated fast—especially when a surviving spouse is involved. Legal outcomes often depend on:

• Title and “non-probate” transfers: If the house was owned with survivorship rights (for example, as tenants by the entireties), it may pass to the surviving spouse outside the will—meaning the executor may have no power to sell it through probate.
• Spousal rights that can override the will: A surviving spouse may have an elective share right against the estate, which can change what must be paid or distributed. See 20 Pa.C.S. § 2203. There are also strict timing rules for making that election. See 20 Pa.C.S. § 2210.
• Evidence and court discretion: To get an order that results in a sale (especially one treated like a judicial sale), the petition, notice, valuation, and objections matter. A misstep can delay the estate, increase costs, or reduce the net proceeds available to beneficiaries.

If you’re facing resistance from a surviving spouse, an attorney can evaluate the deed/title history, the will language, spousal election issues, and the best Orphans’ Court strategy to protect your share and move the estate toward distribution.

For more background, you may also find helpful: petitioning the Orphans’ Court to sell a decedent’s house and challenging an Orphans’ Court petition to sell estate real estate.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.