Detailed answer

Big picture: ownership versus the will

Whether you can force sale of a decedent’s house depends first on who actually owns the house and second on what the will actually does. A will controls only property that passes through probate. It cannot change title to property owned outside probate, such as property that is:

• owned jointly with right of survivorship or as tenancy by the entirety,
• held in a living trust, or
• otherwise transferred by beneficiary designation or contract (for example, some deeds or life estates).

Check the deed. If the decedent held title solely in their name and the will devises the property, the personal representative (executor) can act through Probate Court to carry out the will. If the spouse is on title as a joint owner or as the surviving tenant by entirety, the property may pass to them outside probate and the will cannot force a sale.

Key Connecticut statutory frameworks to know

Probate law and estate administration in Connecticut are governed by Title 45a of the Connecticut General Statutes (probate procedures, powers of a personal representative, allowance for surviving spouse, etc.). Property and real estate law appears in Title 47. Court procedures for civil actions (including partition actions) fall under Title 52 and Connecticut court rules. Official text and chapter tables are available from the Connecticut General Assembly:

• Conn. Gen. Stat., Title 45a (Probate)
• Conn. Gen. Stat., Title 47 (Property)
• Conn. Gen. Stat., Title 52 (Civil Procedure)
• Connecticut Probate Courts (Judicial Branch)

Practical step-by-step process

1. Confirm title and the will’s terms. Get a copy of the deed at the town clerk’s office and the decedent’s will. If the house is jointly owned with survivorship or as tenancy by entirety, the will may not control the house.
2. If the property is probate property, the personal representative should act. When a will is admitted to probate, the appointed personal representative (PR) has authority under probate law to collect assets, pay debts, and distribute the estate according to the will. If the will directs sale of the house and distribution of proceeds, the PR must take steps to sell and distribute unless blocked by another legal right. The Probate Court supervises the PR’s actions; see Title 45a for probate procedures.
3. If the spouse refuses to cooperate, ask the Probate Court for instructions or an order. The PR can petition the Probate Court for instructions, for authority to sell real property, or for an order compelling compliance with the will. The Probate Court can approve a sale or grant other relief to carry out the testamentary plan.
4. If the spouse occupies the house and title is held in the estate (not joint), seek remedies to remove or limit occupancy. The PR can request court-ordered sale or (in limited cases) seek eviction through appropriate court process if the occupant refuses to leave after the estate is distributed. Probate Court or Superior Court remedies may be needed depending on the issue.
5. If title is in the spouse’s name alone or held jointly with survivorship, consider partition or quiet-title actions in Superior Court. If co-owners cannot agree and the estate or other co-owners have an ownership interest (e.g., tenancy in common), a partition action in Connecticut Superior Court can force a physical division or sale of the property and distribution of proceeds. If the spouse holds title outright or by survivorship, the will’s instructions do not create ownership rights and probate remedies may be ineffective.
6. Consider temporary injunctive relief or lis pendens. If someone is damaging or disposing of the property to defeat the will, a court may grant temporary injunctive relief or allow recording a lis pendens to preserve the estate’s interest while litigation proceeds.
7. Expect possible offsets to distributeable proceeds. The surviving spouse may be entitled to statutory allowances or an elective share under Connecticut law (family allowance or spousal protections) that reduce the amount available to other beneficiaries. The Probate Court addresses those claims during administration (see Title 45a).

Common scenarios and likely outcomes

• Scenario A — Decedent owned house in sole name; will directs sale: The PR petitions the Probate Court to admit the will and request authority to sell. If the spouse refuses to vacate, the court can order sale and direct distribution of proceeds consistent with the will subject to any statutory spouse allowances.
• Scenario B — House held in joint tenancy or tenancy by entirety: The property passes by operation of law to the surviving joint owner/spouse. The will cannot force a sale. Other beneficiaries may need to negotiate, buy out the spouse, or pursue equitable remedies in Superior Court in limited circumstances (for example, if there was fraud or an improper transfer).
• Scenario C — Deed limitations or life estate: If the decedent left only a life estate or the deed contains restrictions, the PR must follow the legal interest established by deed and will; sometimes sale may require agreement from both life tenant and remaindermen or a court order under equitable principles.

Possible defenses the spouse may raise

• They are the surviving joint owner or tenant by entirety (property passes outside probate).
• The will is invalid, revoked, or superseded by later agreement or instrument.
• They are entitled to a statutory allowance or elective share that must be satisfied first.
• The sale would be unconscionable, or the PR is acting improperly; they can ask the court to protect their rights.

Where to file and what courts can do

Probate Court handles will admission and estate administration, powers of the personal representative, and disputes that arise in probate administration. If title disputes, partition, or property-specific equitable relief are needed, the Connecticut Superior Court hears those civil actions. The courts can order sale, partition, appointment of a receiver, or other remedies to enforce rights and carry out a decedent’s intent when the legal title supports such orders.

Typical timing and costs

Probate administration and sale of real estate can take months to over a year depending on complexity, creditor claims, the spouse’s cooperation, and whether litigation is necessary. Litigation (partition or declaratory actions) increases time and cost significantly. Expect attorney fees, court costs, real estate commissions, and settlement of debts to be paid from estate proceeds before final distribution.

Helpful hints

• Start by getting the deed and the original will. Title records at the town clerk are the primary source for ownership information.
• If you are the personal representative, keep careful records and notify the Probate Court promptly—Probate Court oversight helps enforce the will.
• If you are a beneficiary and the spouse is on title as a joint owner or tenant by entirety, understand that the will may not control the house. Ask an attorney about buyouts or equitable remedies.
• File timely petitions in Probate Court to admit the will, obtain letters testamentary, and ask for specific authority to sell the property when necessary.
• If the matter may require a partition or quiet-title action, be prepared for Superior Court litigation and discuss costs vs. potential recovery with an attorney first.
• Be aware of statutory spousal protections (family allowance, claims against estate). These can reduce distributable proceeds and should be addressed early in probate administration. See Title 45a for probate allowances: Conn. Gen. Stat., Title 45a.
• Consider mediation or negotiation before litigation; courts often favor settlements that minimize expense and delay.
• Preserve evidence of ownership, communications, and any actions the spouse takes with the property (repairs, removals, offers to sell) in case you need court relief.

Useful official links:

• Connecticut Probate Courts (Judicial Branch)
• Conn. Gen. Stat., Title 47 — Property
• Conn. Gen. Stat., Title 52 — Civil Procedure