Quick summary

If a will directs that a decedent’s house be sold and the proceeds distributed, the person named as executor (personal representative) must follow Tennessee probate rules to carry out that instruction. If the surviving spouse refuses to cooperate, the executor can ask the probate court to authorize a sale, resolve competing spouse claims, and order distribution. Tennessee law gives surviving spouses certain protections (allowance, exempt property, and statutory rights) that can affect whether and how a forced sale happens. Read the detailed steps below and consult a Tennessee probate lawyer for help.

Detailed answer — how to compel sale and distribution under Tennessee law

Below is a practical, step‑by‑step picture of what usually happens in Tennessee when a will directs sale of real property but a surviving spouse resists.

1. Confirm who controls the estate (is the will probated?)

The will must be admitted to probate and a personal representative (executor) appointed by the probate court before the court can order sale and distribution. If the will is not yet probated, someone (usually the person named as personal representative) files the will and a petition for probate in the county probate court. The court issues letters testamentary or letters of administration authorizing the representative to act for the estate.

2. Identify ownership and the spouse’s legal rights

Ask these questions early: Was the house owned solely by the decedent, jointly with the spouse, or in some other way? Did the will leave the house specifically to someone else or direct a sale and distribution of proceeds? Tennessee gives surviving spouses certain protections (e.g., homestead allowance, exempt property, and potential elective share rights) that can reduce or alter the portion of estate proceeds available for distribution under the will. These protections matter because a probate court will not authorize a sale that violates the spouse’s statutory rights.

3. Inventory assets, notify heirs and creditors, and determine liquidity

The personal representative must prepare an inventory and account for estate assets. If there are debts or expenses that require cash, the representative can seek court permission to liquidate assets, including real estate, to pay debts and carry out the will’s directions.

4. Attempt negotiation or buyout (often practical first step)

If the spouse objects to selling, the estate’s representative and beneficiaries often try to negotiate: the spouse may be offered a life estate, a buyout of the spouse’s statutory allowances, or a portion of sale proceeds in exchange for vacating or cooperating with the sale. Settling by agreement avoids litigation, costs, and delay.

5. Ask the probate court to authorize sale and resolve competing claims

If negotiation fails, the personal representative can file a petition in probate court asking the court to:

• Grant authority to sell estate real property (usually “sale of real property by personal representative” or a petition for instructions);
• Resolve the surviving spouse’s claims (for example, claim to homestead, exempt property, or an elective share); and
• Approve a plan for distribution of net proceeds after payment of debts, expenses, and statutory allowances.

The court will give notice to the spouse and other interested parties and may hold a hearing. If the court finds the sale is necessary to administer the estate or carry out the testator’s intent, it can order the property sold and direct how proceeds are to be applied.

6. What if the spouse claims a property interest (joint title, life estate, or homestead)?

If title is in the spouse’s name (e.g., joint tenancy with right of survivorship), the will’s directions might not control that asset — the joint title can pass by operation of law, not by the will. If the spouse claims homestead, exempt property, or a statutory allowance, the court must determine and protect those rights before ordering a sale. The personal representative may need to pay the spouse’s allowable share from other estate assets or allow the spouse to retain certain property instead of cash.

7. Enforcement: sale, accounting, and distribution

After court authorization, the representative sells the house (often by public sale or realtor listing under court‑approved terms). The representative must account for sale proceeds, pay valid creditors, pay funeral and administration expenses, satisfy spouse statutory allowances if any, and then distribute the remainder per the will and court orders. If the spouse still refuses to vacate, the estate may seek judicial removal (eviction) after sale or pursue enforcement measures allowed by the court.

8. Possible alternative: partition action (if co‑owners exist)

If the spouse and an heir own the home as tenants in common or otherwise, a separate civil partition action in chancery or circuit court can force sale and division of proceeds between co‑owners. That is an alternative to probate sale when title is held jointly rather than as an estate asset controlled by the personal representative.

9. Timing and practical realities

Expect probate litigation over a spouse’s refusal to be time‑consuming and expensive. Courts prefer settlement. The personal representative should act promptly to protect estate assets, keep careful records, and seek court instructions rather than taking unilateral action that could lead to liability.

Relevant Tennessee law and resources

Tennessee statutes govern probate procedure, surviving spouse rights, and administration of estates. For statutory text and code sections, visit the Tennessee Code Online at the Tennessee Legislature’s website: https://www.capitol.tn.gov/. For court procedures and forms, the Tennessee judiciary provides probate and self‑help resources at the Tennessee Courts website: https://www.tncourts.gov/. A probate attorney can point you to the exact statutory sections that apply to your case (for example, statutes addressing homestead, exempt property, and probate administration).

Important: This article explains typical steps and issues but does not provide legal advice. Consult a Tennessee probate lawyer to apply the law to your situation.

Hypothetical example

Suppose Sarah dies owning a house in her name alone. Her will directs the executor to sell the house and divide the proceeds equally among her three adult children. Sarah’s surviving spouse, John, refuses to leave and says he will not permit sale. The executor opens probate, inventories the estate, notifies John and the children, and attempts to negotiate a buyout or temporary cash allowance for John. When negotiation fails, the executor petitions the probate court for authority to sell the house and for a determination of John’s statutory rights (homestead or exempt property). The court holds a hearing, confirms the sale is appropriate, requires the estate to satisfy any allowable spouse claims, and orders distribution of net proceeds per the will. If John still refuses to vacate after sale, the buyer or estate may seek a court‑ordered eviction. Total time and outcome depend on the court’s findings about John’s statutory entitlements.

Helpful hints

• Act through the probate court. Do not try to force a sale or evict someone without court authority.
• Confirm who legally owns the house (sole ownership, joint tenancy, tenancy in common). Title determines whether the house is probate property.
• Check for surviving spouse protections (homestead allowance, exempt property, possible elective share). These can change how much you can distribute from sale proceeds.
• Gather documents: will, death certificate, deed, mortgage statements, tax bills, and insurance — the court and buyers will need them.
• Consider mediation or settlement before litigation. Courts encourage reasonable compromise and settlements among heirs and spouses.
• Keep full records. As personal representative, you have fiduciary duties. Accurate accounting avoids later claims of misconduct.
• Consult a Tennessee probate attorney early if the spouse resists or asserts legal claims. Probate law has strict deadlines and procedural rules.
• Use official resources: Tennessee Code Online (https://www.capitol.tn.gov/) for statutes and Tennessee Courts (https://www.tncourts.gov/) for forms and procedures.