Detailed Answer — How to enforce a will that directs sale of the decedent’s house under Alaska law

Short answer: Whether you can force a surviving spouse to sell the house and divide the proceeds depends first on who owns the house now (title), whether the property passed outside probate, and what statutory spouse protections apply. If the house is property of the decedent’s probate estate, the personal representative can ask the Alaska probate court for authority to sell and distribute proceeds under the will. If the surviving spouse owns the house by right of survivorship or joint title, the will generally cannot force a sale of the whole property. Because details matter, consult a probate attorney licensed in Alaska.

Step-by-step approach

1. Confirm ownership and how title passes

Look at the deed and public records. Common situations:

House titled only in the decedent’s name: it is usually estate property and subject to probate.
House titled in the decedent’s and spouse’s names as joint tenants with right of survivorship: the spouse typically becomes sole owner automatically and the will usually cannot control that interest.
House titled as tenants in common: the decedent’s fractional share will pass under the will or by intestacy; the co-owner spouse cannot unilaterally block sale of the decedent’s share (but practical complications arise).

2. Open probate (if needed) and get appointed personal representative

If the house is part of the probate estate, someone must open probate in the Alaska Superior Court in the appropriate district. The court will admit the will (if valid) and appoint a personal representative or executor. The representative acts for the estate and can seek court approval to sell estate real property when necessary to pay debts or to carry out the will.

3. Ask the probate court to authorize sale and distribution

The personal representative can file motions with the probate court to:

Obtain an order authorizing sale of estate real property.
Set terms and procedures for sale (public sale, private sale subject to court approval, sealed bids, etc.).
Secure permission to pay debts, taxes, and then distribute net proceeds according to the will.

When the court approves the sale, the representative can complete the sale even if a surviving spouse resists cooperating with the sale process. After closing, the court supervises distribution of net proceeds under the will and Alaska law.

4. If the spouse claims the house passed outside probate

If the spouse claims ownership by survivorship (joint tenancy), transfer on death deed, or living trust, the probate court may not have authority to sell that property. In that case consider these remedies:

Quiet title or declaratory judgment to clarify ownership.
Partition action (for tenants in common) to force sale or division of the physical property and sale of the proceeds.

5. Watch for statutory spouse protections

Alaska law may give surviving spouses certain protections that affect distribution, including family allowances, homestead rights, or an elective share/election against the will. These claims can limit or change how much of the estate is available to distribute per the will. You must evaluate whether the surviving spouse has a legal claim that reduces the estate share available for distribution.

6. If the spouse disobeys a court order

If the probate or superior court orders a sale and the spouse still refuses to comply, the court can enforce its order. Remedies include contempt, turnover orders, or a court-supervised sale. Execution of remedies requires court process and usually an attorney.

Typical timeline and practical steps

Obtain a certified copy of the will from whoever holds it.
Check the county recorder’s office for deed, mortgage, or recorded survivorship instruments.
File a petition to probate the will and appoint a personal representative in Alaska Superior Court.
Have the personal representative file for court authority to sell estate real property if that is required to carry out the will.
If ownership is disputed, file the proper civil action (quiet title, partition, or declaratory judgment) in Superior Court.
Follow court orders for sale, closing, accounting, and distribution of proceeds.

Common defenses and complications to expect

Joint tenancy or survivorship deeds that pass property outside probate.
Spouse’s statutory claims (homestead, family allowance, elective share) that reduce estate assets available for distribution.
Mortgages, liens, or unpaid taxes that must be paid at sale.
Title defects that can delay sale or require clearing title before marketable transfer.

Relevant Alaska resources

Alaska Court System — Probate information and forms: https://courts.alaska.gov/programs/probate/index.htm
Alaska Legislature — statutes and searchable statutes portal: https://www.akleg.gov/basis/statutes.asp
For local procedures and filings, check the Superior Court website for the Alaska judicial district where the decedent lived.

Helpful Hints

Check title first. The deed determines a lot about whether probate can control the property.
Do not attempt to force a sale or remove the spouse without court authority — that risks civil liability and criminal charges.
If you are (or want to be) the personal representative, gather estate paperwork quickly: death certificate, will, deed, mortgage statements, bank accounts, and insurance policies.
Consider mediation if the spouse resists — courts sometimes approve settlement sales that avoid long litigation.
Keep good records of offers, appraisals, and communications; you’ll need them for court accounting.
If the house is the family residence and the spouse lives there, the court may give temporary possession or family allowance before sale.
Time and cost: probate and related litigation can take months to more than a year and will incur court costs and attorney fees — factor these into decisions about selling versus keeping the property.

Next steps: Collect the deed and the will, review title records, and consult a lawyer experienced in Alaska probate and real estate litigation to review your options and file the necessary court petitions.

Disclaimer: This information is educational and general. It is not legal advice. Rules and procedures vary by case and change over time. Consult a licensed Alaska attorney before taking legal action.