Overview: When a will directs sale of the home but the surviving spouse resists

This FAQ explains, under Rhode Island law, the practical steps an executor, beneficiary, or interested party can take if a will directs sale of real property and distribution of proceeds but a surviving spouse refuses to sell or turn over proceeds. This article assumes a basic hypothetical: a decedent left a will that instructs the personal representative (executor) to sell the decedent’s sole-owned house and distribute the cash to named beneficiaries, but the surviving spouse is occupying the house and refusing to cooperate.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Rhode Island procedures and statutes to help you understand options and prepare to consult a Rhode Island probate or real property attorney.

Key legal concepts in Rhode Island that affect whether a sale can be compelled

• Title and how the property is owned: If the decedent held the home as sole owner and the deed did not create a survivorship interest (e.g., not joint tenancy or tenancy by the entireties), the home is likely part of the probate estate and may be sold by the personal representative. If the deed names the spouse as a joint owner with right of survivorship or tenancy by the entireties, the property may pass to the spouse outside probate and a will cannot force its sale. Always start by obtaining the recorded deed from the land records.
• Is the property a probate asset? Only probate assets are administered under the will. Nonprobate transfers (joint tenancy, beneficiary deed, trust assets) usually pass outside probate and cannot be sold under a will. Confirm whether the home is in the decedent’s probate estate.
• Spouse’s statutory rights: Rhode Island law provides certain protections to surviving spouses (family allowance, homestead exemption, and potentially an elective share). These rights can limit or require accounting before distribution of proceeds. See Rhode Island statutes on decedents’ estates (Title 33) for probate and inheritance rules: R.I. Gen. Laws, Title 33 — Decedents’ Estates.
• Executor’s authority: A properly appointed personal representative has statutory authority to manage and, when appropriate, sell estate real property during administration. If the will itself directs sale, the personal representative will ask the probate court to confirm authority to sell and approve terms if required.

Practical steps to compel sale and distribution under the will (typical path)

1. Confirm ownership and probate status. Get the recorded deed, mortgage information, and any trust documents. If title is joint or the property is held by a trust, a will cannot directly force a sale of nonprobate property.
2. Open probate or confirm administration is underway. If the estate is not yet in probate, the executor named in the will (or another interested person) must petition the Rhode Island Probate Court to admit the will and appoint a personal representative. Rhode Island Probate Court information and local probate court contacts: Rhode Island Probate & Family Courts.
3. Determine what the will actually directs. If the will expressly directs sale and distribution of cash, the executor should file the will for probate and request letters testamentary and court approval to carry out the sale. If the will gives the surviving spouse a life estate or explicit ownership interest, the spouse’s right to occupy or own may block an immediate forced sale.
4. File a petition in probate court if the spouse refuses to cooperate. The personal representative can petition the probate court for an order to (a) administer and sell estate real property, (b) partition or sell property when necessary to distribute estate assets, or (c) remove or limit a spouse’s occupancy if it constitutes waste or prevents administration. The probate court supervises administration of estate assets under Title 33: R.I. Gen. Laws, Title 33.
5. If necessary, pursue a partition or quiet-title action in Superior Court. If the spouse claims an ownership interest (e.g., joint title or tenancy by the entirety) or if co-owners disagree, a partition action in Rhode Island Superior Court may be appropriate to divide or force a sale of real property. General Rhode Island real property statutes are in Title 34: R.I. Gen. Laws, Title 34 — Real Property.
6. Address the spouse’s statutory claims (homestead, family allowance, elective share). A surviving spouse may claim a homestead exemption or an elective share of the estate. The personal representative must account for those statutory rights before full distribution. Ask the probate court to resolve competing claims so distribution can proceed legally and securely. See Title 33 for homestead/family allowances and creditor priority: R.I. Gen. Laws, Title 33.
7. Obtain court approval of the sale and distribution plan. Rhode Island probate courts typically require notice to interested parties (spouse, beneficiaries, creditors) and may require the court to approve the sale or the terms of distribution. Once the court orders or approves the sale, the executor acts under court supervision to sell, pay debts and expenses, and distribute net proceeds per the will and court directions.
8. Use contempt or turnover remedies if the spouse obstructs. If the court orders sale or turnover and the spouse disobeys, the court can issue enforcement orders, contempt findings, or orders for law enforcement to effectuate the ruling. The exact remedy depends on the facts and the court’s findings.

Common factual issues and how they change the approach

• Spouse has joint title with right of survivorship: The house likely passed automatically to the spouse by operation of law and is not subject to distribution under the will. The will cannot force sale of property that never became part of the probate estate.
• Will gives spouse a life estate or right to occupy: If the will itself grants the spouse a life estate (or statute gives a survivorship interest), the spouse may remain until death or until a court orders otherwise. A sale may be possible only if the life estate-holder consents or if the court orders partition and sale with buyout arrangements.
• Spouse asserts homestead/exempt property claims: These claims can reduce the amount available to other beneficiaries and must be resolved in probate. The executor should file appropriate notices and ask the court to determine these claims.
• There is a mortgage or tax lien: A sale’s net proceeds must satisfy liens and claims. The executor should identify encumbrances early and include them in sale calculations presented to the court.

Example hypothetical and likely path

Hypothetical: Decedent A leaves a will naming B as executor. The will directs sale of A’s house and distribution of proceeds equally to C and D. The recorded deed shows A alone on title. After A’s death, spouse S moves into the home and refuses the sale.

Likely steps under Rhode Island law:

1. B files the will with the probate court and petitions for appointment as personal representative.
2. B notifies S, C, D, and creditors and seeks court authority to sell estate real property per the will.
3. If S objects claiming a homestead or other statutory right, B asks the probate court to resolve S’s claim under Title 33. If S’s claims are rejected or satisfied by allowance, the court can approve sale.
4. With court approval, B conducts the sale, pays valid claims and costs, and distributes net proceeds to C and D per the will.

When to consult an attorney

Contact a Rhode Island probate or real property attorney promptly if:

• The spouse claims ownership by deed, joint tenancy, tenancy by entireties, or trust title
• The spouse asserts a homestead, family allowance, or elective-share claim
• The spouse is refusing court orders or is destroying estate property
• There are complicated liens, mortgages, or tax issues

An experienced lawyer can evaluate title records, file the necessary probate petitions, request expedited court relief if assets are being wasted, and—if needed—file or defend partition or quiet-title actions.

Helpful hints — quick checklist

• Obtain the recorded deed and any trust documents as soon as possible.
• Confirm whether the home is a probate asset or a nonprobate transfer (joint title, trust, beneficiary designation).
• Open probate promptly or confirm an executor is acting and has letters testamentary.
• Collect and preserve evidence of occupancy, waste, or damage if the spouse’s conduct may risk the estate’s value (photos, communications).
• Notify all interested persons and creditors in writing and keep records of service.
• Ask the probate court for written orders before taking action; acting without court direction can create personal liability for an executor.
• Consider mediation to resolve disputes quickly if the spouse is open to negotiation—courts often appreciate and may encourage settlement.
• Work with counsel to calculate and resolve homestead/elective-share issues before distribution.

Where to look in Rhode Island law

Key resources:

• R.I. General Laws — Title 33 (Decedents’ Estates): https://www.rilegislature.gov/Statutes/Titles/Title33/
• R.I. General Laws — Title 34 (Real Property): https://www.rilegislature.gov/Statutes/Titles/Title34/
• Rhode Island Probate & Family Courts (court locations, forms, and procedures): https://www.courts.ri.gov/Courts/ProbateFamilyCourts/Pages/default.aspx

Final notes

Whether you can compel sale and distribution depends on title, the will’s language, the spouse’s statutory rights, and the probate court’s findings. The probate court is the primary forum to administer the estate and resolve competing claims. Acting quickly to secure records, open probate, and involve counsel will protect estate assets and preserve the best chance of carrying out the will’s directions.

Again — this is general information, not legal advice. For guidance tailored to your situation, consult a Rhode Island probate or real property attorney right away.