Detailed Answer: How to compel a spouse to sell a house and distribute proceeds under Wyoming law

Short answer: Whether you can force a surviving spouse to sell a house and distribute the proceeds depends on who owns the house, what the will says, and whether the property is subject to statutory protections for the surviving spouse (for example, homestead rights, allowances, or an elective share). If the property is part of the decedent’s probate estate and the personal representative (or another owner) refuses to sell, beneficiaries can ask the Wyoming district court to open probate, appoint a personal representative, order the sale under probate statutes, or, if the spouse claims an ownership interest, file a partition action to force a sale and division of proceeds.

Key concepts you must understand first

• Title matters: If the decedent held title solely in their name, the house is usually part of the probate estate. If title was in joint tenancy with right of survivorship or held in the spouse’s name alone, the property might pass outside probate and the will may not control it.
• Probate vs. non‑probate transfer: Wills control property that goes through probate. Assets that pass by joint ownership, beneficiary designation, deed, trust, or survivorship are often not controlled by the will.
• Surviving‑spouse protections: Wyoming law provides certain allowances and protections for a surviving spouse (for example, homestead or family allowances and elective‑share style protections in some states). Those protections can limit how quickly or how much of the sale proceeds a will’s beneficiaries may receive.
• Court remedies: If a responsible fiduciary refuses to act, beneficiaries can ask the court to appoint a personal representative, compel fiduciary action, order a sale of estate property, or, if there is a dispute over ownership, pursue a partition action in district court.

Step-by-step path to compel sale and distribution

1. Confirm title and how the property passes.

   Check the deed: is the property titled in the decedent’s sole name, jointly with the spouse with right of survivorship, or only in the spouse’s name? If the decedent owned it solely, it is probably a probate asset governed by the will (unless another non‑probate device applies).

2. Locate the will and check what it directs.

   If the will directs that the house be sold and proceeds distributed to beneficiaries, that direction typically controls the decedent’s probate estate subject to statutory spouse protections and valid liens or mortgages.

3. Open probate (if not already open).

   A beneficiary or the nominated executor can petition the Wyoming district court to admit the will and appoint a personal representative. Once appointed, the personal representative has statutory power to manage estate assets and seek court approval to sell real property if needed.

4. If the personal representative refuses to sell, ask the court to compel sale or remove the fiduciary.

   Beneficiaries can petition the probate court to require the personal representative to perform their duties (including selling estate property when appropriate), or to remove and replace a fiduciary who is not fulfilling obligations. If the executor is the spouse and is not acting consistently with the will, beneficiaries can seek court enforcement of the will.

5. If the spouse claims ownership and resists because of a claimed title interest, consider a partition action.

   If the spouse claims they and the decedent were co‑owners (for example tenants in common), a partition action in district court is a common remedy to force sale and divide net proceeds among owners according to ownership shares. Partition is an available remedy when co‑owners cannot agree on use or disposition.

6. Account for statutory spouse protections before distribution.

   Wyoming law may provide a surviving spouse with homestead protection or allowances (for example, family allowance or other statutory entitlements). Those amounts must be honored out of the estate before full distribution to beneficiaries under the will.

7. Follow required court procedures for sale and distribution.

   A court‑ordered sale (by the probate court or via partition) typically provides clear direction on paying creditors, satisfying statutory allowances, paying mortgages and liens, and distributing net proceeds under the will or ownership shares. The court’s order establishes legal title for purchasers and a clear allocation for beneficiaries or co‑owners.

8. Consider settlement, mediation, or negotiated buy‑outs.

   Selling by agreement or negotiating a buyout of a spouse’s interest can avoid litigation costs and delay. A qualified attorney or mediator can draft agreements that protect everyone and may get approval from the probate court if required.

Practical evidence and paperwork you will need

• Original will and any codicils.
• Death certificate for the decedent.
• Property deed and title documents.
• Mortgage statements, tax bills, and any lien information.
• Records of payments, trusts, beneficiary designations, or other documents that affect non‑probate transfer.
• Contact information for other heirs and beneficiaries.

Where to look in Wyoming law

Wyoming statute and court rules govern admission of wills, appointment of personal representatives, the powers and duties of fiduciaries, family and homestead allowances, and court authority to order sales of estate real property or to grant partition. For the official text of Wyoming statutes and to locate specific provisions, see the Wyoming Legislature’s statutes website: https://wyoleg.gov/. For practical probate information and local court procedures, see the Wyoming Judicial Branch: https://www.courts.state.wy.us/.

When to get an attorney

Get a Wyoming probate or real‑property attorney if any of the following apply:

• The spouse refuses to cooperate and you cannot negotiate a sale or buyout.
• Title is disputed or the spouse claims full ownership outside probate.
• Significant assets and statutory spouse protections (homestead, allowances, or elective entitlements) will affect distribution.
• Creditors, mortgages, or tax liens complicate a sale.

Helpful Hints

• Do not assume the will controls real property until you confirm title and whether the asset passes outside probate.
• Ask for an estate inventory early. The probate court often requires a list of estate assets; that helps clarify whether the house is an estate asset.
• If the house has a mortgage, the mortgage must be paid or assumed at sale; net proceeds reflect lien payoff and closing costs.
• Communicate in writing. Keep copies of letters, emails, and notices to the spouse, executor, and the court—these are useful if you need to petition the court later.
• Consider mediation. Courts may encourage or order mediation for disputes among beneficiaries and fiduciaries; settlement is typically faster and less expensive than litigation.
• Time deadlines: act promptly. Estate administration has timelines for creditor notices and probate actions; missing deadlines can reduce options.

Typical court remedies explained

• Order to sell estate property: A probate court can order sale of estate real property when necessary to pay debts or to distribute proceeds per the will.
• Removal or replacement of fiduciary: If an executor or personal representative refuses duties, beneficiaries can ask the court to remove and appoint a successor.
• Partition and sale: A co‑owner who will not agree to sell can be forced into a partition and sale, with net proceeds divided according to ownership shares determined by the court.

Final considerations

Forcing a sale and obtaining distribution can be straightforward if the property is a probate asset and the will is clear. Disputes over title, joint ownership, the spouse’s statutory rights, or unwilling fiduciaries frequently require court action. Early consultation with a Wyoming attorney can clarify options, reduce delays, and help you select the most cost‑effective path (probate petition, court motion to compel, partition action, or negotiated resolution).

Disclaimer: This article is for general informational purposes only and is not legal advice. It summarizes concepts under Wyoming law but does not apply to every fact pattern. For advice about your specific situation, consult a licensed Wyoming attorney.