Short Answer

If the house is part of the decedent’s probate estate and the will directs sale and distribution of proceeds, a personal representative (executor or administrator) can ask the Vermont Probate Division for authority to sell the property. If the home passed outside probate (for example, by joint tenancy, survivorship, beneficiary deed, or trust), the will usually cannot force a sale. If the surviving spouse owns the property outright or refuses to cooperate, the estate’s representative may petition the probate court for an order to sell estate property or, if the spouse is a co-owner, pursue a partition action in civil court. You will usually need to open an estate administration and get court approval to sell real estate on behalf of the estate.

How this works under Vermont procedures

Vermont handles wills, estate administration, and authority to sell estate property through the Probate Division of the Superior Court. The probate court supervises the administration of the estate, approves the personal representative, and may authorize sale of estate real property when necessary to pay debts, expenses, taxes, or to carry out the terms of the will. For general information about Probate Division procedures, see the Vermont Judiciary: Vermont Judiciary — Probate Division. For statutory authority and the text of Vermont law, see the Vermont Statutes at: Vermont Statutes Online.

Step-by-step overview you can follow

1. Confirm how title actually passes

   Check the deed and property records. If title passes by joint tenancy with right of survivorship, tenancy by the entirety, a beneficiary deed, or the property is held in a trust, the property may pass outside probate and the will usually cannot compel a sale. If the decedent owned the property solely and the will makes it part of the probate estate (or the estate owes debts), the probate process controls.

2. Open probate and get appointed personal representative

   If probate is not already open, someone (often the named executor or an heir) must file a petition for probate with the Vermont Probate Division to admit the will and appoint the personal representative. The personal representative has legal authority—subject to court supervision—to collect assets, pay debts and, where appropriate, sell estate real property.

3. Determine spouse’s statutory rights and exemptions

   Vermont law provides rights and allowances for a surviving spouse (for example, family allowance and certain exempt property). These rights may limit what the will can distribute and may affect whether the house must be sold to satisfy the spouse’s share. The probate process will identify and protect such statutory allowances.

4. Ask the probate court for authority to sell estate property (if needed)

   If the personal representative needs to sell the house (for administration expenses, to pay debts, or to follow the will’s directions), they typically file a petition or motion with the probate court requesting authority to sell real estate. The court will review whether sale is necessary, provide notice to interested parties, and may hold a hearing before approving the sale and terms.

5. If the surviving spouse refuses to cooperate

   If the spouse occupies or controls the property and refuses to vacate or convey, the personal representative can ask the probate court to enforce the will and the court’s sale order (including eviction if the court authorizes it). If the spouse holds title as an owner (not merely occupant) and title does not pass through probate, the will cannot force a sale—then other remedies (see partition below) may apply only if there is co-ownership.

6. If the spouse is a co-owner: partition action

   If the surviving spouse and the estate (or other heirs) are co-owners of the property (for example tenants in common), either co-owner can bring a partition action in civil court to force a sale and divide proceeds. Partition is a separate civil process and differs from probate. The court will decide whether to divide the property physically (rare) or order a sale and divide net proceeds among owners according to their shares.

7. If title passed outside probate

   If property passed automatically (joint tenancy, beneficiary deed, trust), the will generally cannot override that transfer. The estate cannot force sale unless there is some other legal basis (for example, a creditor’s claim that requires liquidation or proof a transfer was invalid).

8. Work with counsel and follow court orders

   Because these matters often involve competing rights (surviving spouse allowances, homestead or exempt property, creditor claims, and the terms of the will), a probate court order is usually required before a sale. An attorney can draft petitions, represent you at hearings, and protect procedural rights.

Possible documents and filings

• Petition to admit will and appoint personal representative (probate opening)
• Inventory and appraisal of estate assets
• Petition or motion for authority to sell real property in probate
• Notice to heirs, beneficiaries, creditors and interested parties
• If needed: civil complaint for partition (if co-ownership exists)

Timing, costs, and practical considerations

Probate and any required court hearings take time—often months. Executors must follow notice rules, allow creditor claims, and obtain court approval before major transactions. Court-authorized sales may require appraisals and competitive sale procedures. Expect court costs, filing fees, possible appraisal and broker fees, and, if you hire a lawyer, attorney fees. Those costs are generally paid from the estate.

When the will won’t control the property

Two common situations where a will cannot compel sale:

1. Title passed outside probate (joint owner survivorship, beneficiary deed, or trust). In that case, the named survivor or trust terms control.
2. The surviving spouse has a superior statutory right (for example, certain exempt property or allowances) that must be honored before distribution to devisees under the will.

Where to get official help in Vermont

• Vermont Judiciary — Probate Division: https://www.vermontjudiciary.org/court-procedures/probate-division
• Vermont Statutes (search statutes and chapters on administration of estates): https://legislature.vermont.gov/statutes
• County Probate Courts — contact local probate clerk for forms, filing requirements and local procedures (see Vermont Judiciary site for links).

Helpful Hints

• First, check the recorded deed at the town clerk’s office to confirm ownership and any survivorship language.
• Open probate early if the house appears to be a probate asset; delay can complicate creditor claims and administration.
• Collect and preserve documents: the will, deed, mortgage statements, tax bills, insurance policies, and a current appraisal or market analysis.
• Ask the probate clerk for required forms and notice rules; following procedural rules avoids delays.
• If the surviving spouse lives in the house, consider negotiating a temporary occupancy agreement while probate proceeds (rent, utilities, insurance responsibilities).
• If you expect contest or difficult resistance, talk to an attorney experienced in Vermont probate and real property to prepare petitions and courtroom strategy.
• Keep detailed records of all estate transactions; the personal representative must account to the probate court and beneficiaries.

Disclaimer

This article explains general Vermont procedures and typical legal options but is not legal advice. It does not create an attorney-client relationship. Laws change and facts matter. For advice about a specific situation, consult a Vermont attorney familiar with probate and real property law.