Detailed Answer

Short answer: whether you can force a sale and distribution depends on (1) whether the house is a probate asset, (2) whether it is protected as Florida homestead, (3) how title is held (sole name, joint tenancy, tenancy by the entirety), and (4) whether the surviving spouse exercises statutory options such as an elective share. If the property is part of the probate estate and not protected, the personal representative (executor) can ask the probate court to authorize sale and distribution. If the property is homestead or owned by the surviving spouse as tenancy by the entirety, the will’s directions may be limited or ineffective.

1. Identify the nature of the property and ownership

• Probate asset vs. non‑probate: If the decedent held title in their individual name, the house is likely a probate asset. If title passed automatically (joint tenancy with right of survivorship, tenancy by the entirety, or was in a living trust), it may pass outside probate.
• Tenancy by the entirety: Florida recognizes tenancy by the entirety for married couples. Property held this way typically passes entirely to the surviving spouse and is not subject to the decedent’s will.
• Homestead protection: Florida’s homestead rules strongly protect a primary residence. The Florida Constitution and probate law limit how a homestead can be devised when there is a surviving spouse or minor children, and those protections frequently prevent a forced sale to satisfy a will’s directions. See the Florida Constitution and probate law for the legal framework.

2. If the house is a probate asset and not homestead-protected

The personal representative named in the will has the duty 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 personal representative should:

1. Open probate by filing the will and petitioning the circuit court in the decedent’s county to admit the will and appoint a personal representative (Chapter 733, Florida Statutes). For general guidance, see Florida Probate Code: Ch. 733, Fla. Stat.
2. Inventory the estate and confirm title status with a title search. If title is solely in the decedent’s name and no homestead/elective-share bar exists, the estate has authority to sell.
3. If necessary, file a petition in probate court asking for court approval to sell the real property (many probate courts require court authorization, and the personal representative has statutory powers to sell estate property under probate rules and court orders).
4. Obtain a court order authorizing sale, clear title, and then proceed with sale and distribution of proceeds under court supervision and the will’s instructions.

3. If the surviving spouse refuses to cooperate

• If the spouse is simply withholding keys or refusing to sign a deed but has no legal right to the property, the personal representative can ask the probate court for an order compelling performance or for conveyance of title. The court can enforce its orders, including contempt remedies.
• After obtaining a court order authorizing the sale, if the spouse remains in possession and refuses to vacate, the personal representative may ask the court for a writ of possession or other enforcement (forcible removal is handled by court order and law enforcement rather than self-help).
• If the surviving spouse claims ownership (e.g., tenancy by entirety or homestead), the personal representative should litigate title and homestead status in the appropriate court. If title is vested in the surviving spouse by operation of law, the will alone will not force a sale.

4. Homestead and elective share issues (critical in Florida)

Florida’s homestead protections and the surviving spouse’s elective share can limit the effect of a will. If the residence qualifies as homestead and a spouse survives, the will’s ability to direct sale or distribution may be curtailed. The surviving spouse may also exercise an elective share instead of accepting what the will provides. For more on intestate succession and elective share rules, see Chapter 732 of the Florida Statutes: Ch. 732, Fla. Stat. and consult the Florida Constitution (homestead protections).

5. When co-ownership or partition comes into play

If the surviving spouse is a co‑owner rather than an heir under the will, an action for partition may be an appropriate remedy when co‑owners cannot agree about sale. Partition is a civil action (Chapter 64, Florida Statutes). If the decedent’s interest is part of the estate, the personal representative may join that process or ask the probate court to handle disposition.

Partition statutes: Ch. 64, Fla. Stat. (Partition).

6. Practical enforcement steps

1. Confirm whether property is homestead or non-homestead with a title search and factual inquiry (residence, minor children, etc.).
2. Open probate in the circuit court and seek appointment if not already appointed.
3. Ask the court for instructions if the will’s directions conflict with the spouse’s behavior or claimed rights (probate court can interpret the will and issue orders).
4. If authorized to sell, obtain a court order for sale and then, if necessary, an enforcement order (writ of possession or contempt) to remove a recalcitrant occupant.
5. If the spouse asserts ownership by operation of law (tenancy by the entirety or homestead), litigate title and homestead status; settlement discussions may be productive because homestead litigation can be time‑consuming and expensive.

7. Typical timeline and costs

Probate administration and sale can take several months to over a year depending on complexity, title issues, creditor claims, and whether litigation is required. Court fees, appraisal costs, realtor commissions, and attorney fees apply. If the estate lacks funds, the personal representative may need court permission to pay fees from estate assets or delay sale.

8. When to get a lawyer

Because Florida homestead and marital property rules are complex and can bar a sale, consult a probate attorney early—especially if the surviving spouse resists or claims homestead/tenancy-by-the-entirety protections. An attorney can run a title/homestead analysis, file required probate petitions, and litigate or negotiate resolutions.

Relevant Florida law references (general):

• Florida Constitution — homestead protection: see the Florida Constitution (Article X has homestead provisions): Florida Constitution
• Wills and intestate succession: Ch. 732, Fla. Stat.
• Probate administration (personal representative powers, petitions to administer and to sell estate property): Ch. 733, Fla. Stat.
• Partition actions (if co‑ownership dispute): Ch. 64, Fla. Stat.

Disclaimer: This article explains general Florida law principles but is not legal advice. For advice specific to your situation, consult a licensed Florida probate attorney.

Helpful Hints

• Start with a title search and a copy of the death certificate and will. These documents determine whether probate is needed.
• Check whether the residence qualifies as homestead—if so, selling it over a surviving spouse’s objection can be legally difficult.
• If you are the named personal representative, file for probate quickly so you have authority to act. The court’s authority is often required to clear title and sell real property.
• Communicate in writing with the surviving spouse and document refusals—courts like to see evidence of attempts to resolve disputes before litigation.
• Consider mediation or settlement before expensive litigation; homestead fights are often costly and slow.
• Keep receipts and an accurate inventory of estate assets; the personal representative is accountable to the court and beneficiaries.
• If the spouse claims tenancy by the entirety, get a lawyer immediately—those ownership rights can defeat a will-based sale.
• Know that self-help eviction is illegal; always use court orders and law enforcement to enforce possession rights.
• Ask the attorney about expedited remedies the local probate court may offer in your county—procedures can vary by jurisdiction.