Detailed answer — how this works in Wisconsin

Short answer: Usually the person named as the personal representative (executor) must open probate, get authority from the probate court to administer the estate, and then ask the court to sell the house if the will directs sale. If the surviving spouse refuses to cooperate, the court has tools to enforce the will, resolve the spouse’s legal claims (like homestead or family allowances), and order sale or partition. The exact path depends on who holds legal title to the house, whether the spouse has statutory rights, and whether the house is part of the probate estate.

Step-by-step process

1. Locate and file the will in probate. The person named as executor (or another interested person if no executor qualifies) files a petition with the Wisconsin probate court to open the decedent’s estate and to be appointed personal representative. See Wisconsin Courts’ probate information for the public: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.
2. The court appoints a personal representative. Once appointed, the personal representative gains authority to collect estate assets, pay debts, and carry out dispositions required by the will. That authority usually must be confirmed by the probate court before the representative may sell real property that is part of the estate.
3. Determine whether the house is probate property. If the decedent held title alone, it is likely estate property. If title passed automatically (joint tenancy with right of survivorship, or tenancy by the entirety) or if the house was in the spouse’s name, it may not be part of probate. The personal representative should check title records and deeds.
4. Identify the surviving spouse’s legal rights. Wisconsin law provides certain protections for surviving spouses (for example homestead, family allowance, and certain exempt property). A surviving spouse may have a claim that reduces what can be distributed under the will. That claim must be resolved in probate before distribution. General probate information and forms are on the Wisconsin Courts site: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.
5. If the will directs sale, petition the court to authorize sale. The personal representative files a petition or motion in probate asking the court for authority to sell the real property. The court gives notice to beneficiaries and creditors, and may hold a hearing. If the court approves, the personal representative can market and sell the house and then distribute the proceeds according to the will, after paying estate debts, taxes, and expenses.
6. If the spouse refuses to vacate or otherwise interferes, ask the court to enforce the order. If the spouse resists a court-authorized sale or refuses to allow access, the personal representative may ask the probate court for enforcement relief (including orders to vacate) or seek relief in circuit court such as ejectment or partition, depending on title. The probate court can hold parties in contempt for violating court orders.
7. If title issues exist (co-ownership), consider a partition action in circuit court. If the spouse is a co-owner in title rather than merely an occupant or beneficiary, the personal representative or other co-owner can file a partition action in Wisconsin circuit court to force sale and division of proceeds if co-ownership cannot be split physically. Partition law is handled in circuit court and is a separate remedy from probate.
8. Resolve competing claims before distributing proceeds. The court will not distribute sale proceeds until it resolves valid statutory claims (homestead, family allowance, creditors, taxes) and confirms final accounting and distribution under the will.

Common complications to watch for

• If the house passed to the spouse outside probate (for example, joint tenancy), the personal representative has no authority to sell it as estate property unless the spouse agrees or a court orders otherwise.
• If the surviving spouse has homestead or exempt-property claims, the court may award the spouse an allowance out of the estate that reduces the proceeds available to other beneficiaries.
• If the will conflicts with statutory spousal protections, the spouse may be able to challenge distribution and seek an elective share or allowances under Wisconsin law. Those claims must be litigated or settled.
• If the personal representative acts without court authority (for example, attempts to sell real property without authorization), buyers or third parties may face title problems and the sale could be set aside.

What the personal representative needs to file

Typical filings and documents include: death certificate, original will, petition for probate, proposed letters testamentary/letters of administration, inventory of estate assets (including real estate description and title information), notice to interested persons, and a motion or petition for authority to sell estate real estate. The Wisconsin Courts site provides filing guidance: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.

Relevant Wisconsin resources

• Wisconsin Courts — Probate and estate administration information: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm
• Wisconsin Statutes and legislative resources (search the statutes for provisions on decedents’ estates, homestead, and family allowances): https://docs.legis.wisconsin.gov/statutes

Because precise statutory sections and outcomes depend on the exact facts (title records, the wording of the will, whether the spouse lives in the house, mortgages, and creditor claims), the probate court will ultimately decide based on evidence and law.

Example (hypothetical)

Mary is named personal representative under John’s will. The will directs that John’s house be sold and the proceeds split among three children. John’s spouse, Anna, lives in the house and refuses to cooperate. Mary opens probate, is appointed personal representative, and files a petition for authority to sell the house. The court notifies Anna and other interested persons. Anna claims a homestead allowance and the court holds a short hearing to resolve that claim. If the court approves the sale and orders any allowed credit to Anna out of the proceeds, Mary sells the house, pays debts and the allowed homestead/family allowance, and distributes the remainder per the will. If Anna had been a co-owner on title, Mary would need either Anna’s agreement or a partition action to force sale.

When to ask a court for help

Ask the probate court for help when the spouse: (a) blocks access to the property; (b) refuses to sign documents needed to sell; (c) asserts statutory rights that affect distribution; or (d) remains on the property after a court-authorized sale. The probate court can authorize sale, resolve competing claims, and order enforcement remedies (including contempt or eviction through the proper court).

Disclaimer: This article is for educational purposes only and is not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Wisconsin attorney who handles probate and real property matters.

Helpful hints

• Start by checking title records at the county register of deeds: do not assume the house is part of probate if title passed by survivorship.
• If you are the named personal representative, open probate promptly. Courts will expect active administration.
• Document communications with the spouse in writing and keep records of any interference with estate business.
• Get a current market appraisal or broker’s opinion before petitioning to sell; the court may require evidence the sale is fair.
• Ask the probate court for interim relief if the spouse is damaging the property or failing to maintain insurance or mortgage payments.
• Be prepared to address homestead and family allowance claims from the surviving spouse; these may reduce distributable proceeds.
• If title is in both names, consider a partition action in circuit court. If title is solely in the decedent, handle sale through probate.
• Consider mediation to resolve disputes with a spouse—courts often favor settlement and mediation can avoid long litigation costs.
• Hire a probate attorney in Wisconsin if the spouse resists — contested probate and partition actions can be complicated and time-sensitive.