Detailed Answer — What to do when a surviving spouse refuses to sell probate property in Iowa
This section explains the common legal steps available under Iowa law when a deceased person’s will directs that real property be sold and the proceeds distributed, but a surviving spouse (or other person living in or controlling the house) refuses to cooperate. This is an explanation for general information only and is not legal advice.
1. Confirm ownership and the will’s instructions
Start by checking the will and the property title. The legal options differ depending on whether the decedent:
- left the house to someone in the will and directed sale of the property;
- left the house to the surviving spouse outright;
- held the house in joint tenancy with right of survivorship; or
- created a life estate or other limited interest in the spouse.
If the will instructs sale of the house, the personal representative (executor) appointed by the probate court generally has authority to carry out that instruction, subject to any statutory spouse rights or creditors’ claims.
2. Open probate (if not already opened) and rely on the personal representative
If the estate is not yet in probate, someone (often the person named as personal representative in the will or an interested heir) must file the will with the local Iowa district court and ask to have the will admitted and a personal representative appointed. The personal representative’s powers and duties are governed by Iowa’s probate statutes (see Iowa Code, Decedents’ Estates).
Iowa Code — Decedents’ Estates: Chapter 633 (Decedents’ Estates).
3. Ask the personal representative to petition the probate court to sell the real property
Once appointed, the personal representative can petition the probate court for authority to sell real estate owned by the estate in order to carry out the will’s directions. The court can authorize a sale, set procedures for notice and bidding, and approve terms and distribution of proceeds. The personal representative must follow statutory procedures and give required notice to interested parties.
4. Be aware of spousal rights that can affect sale
Iowa law provides certain protections for surviving spouses (for example, homestead rights, allowances, and potentially an elective share or statutory allowances). Those rights can limit immediate sale or require payment to the spouse from sale proceeds. A probate attorney will identify whether the spouse’s rights must be satisfied before proceeds are distributed.
For general information about probate procedure and forms, see the Iowa Judicial Branch: Iowa Courts.
5. If the spouse is a co-owner or refuses to vacate — consider partition or eviction
If the surviving spouse (or another person) has title as a co-owner (for example, the house is jointly titled), a partition action may force a sale and division of proceeds. Iowa’s statutory procedures for partition of property allow a court-ordered sale when co-owners cannot agree.
Iowa Code — Partition: Chapter 651 (Partition).
If the spouse does not have ownership but refuses to leave, the personal representative or the eventual purchaser (after court-ordered sale) may need to use eviction or forcible entry/removal procedures consistent with Iowa landlord-tenant or ejectment law.
6. Emergency or interim relief
If immediate action is necessary (for example, to prevent waste, preserve the property, or stop wrongful removal of assets), the personal representative can ask the probate court for interim orders — for example, temporary possession, an injunction, or appointment of a receiver — to protect estate property pending a full hearing.
7. Enforcement of court orders
If the probate court orders sale or distribution and the spouse disobeys, the court can enforce its orders. Remedies include contempt, turnover orders, or law enforcement assistance to enforce eviction or sale-related orders. The court can also award costs and attorney fees in appropriate circumstances.
8. Typical timeline and costs
Probate administration and court-authorized sale commonly take several months to a year, depending on complexity, whether the will is contested, the need for title clearing or partition, and creditor issues. Expect court filing fees, appraisal and closing costs, publication/notice costs, and attorney fees. A sale under court order usually needs court confirmation before final distribution.
When to hire an Iowa probate attorney
Hire an Iowa probate attorney if you need help:
- opening probate and filing the will with the court;
- preparing and prosecuting a petition to sell estate real property;
- determining and protecting spousal, homestead, or creditor rights;
- bringing a partition action or seeking eviction; or
- enforcing a court order against a non‑cooperative spouse.
An attorney can prepare pleadings, manage notice requirements, represent you at hearing(s), and advise about settlement options that may avoid costly litigation.
Key Iowa law references
- Iowa Code, Chapter 633 — Decedents’ Estates (probate administration and executor powers): https://www.legis.iowa.gov/docs/code/633.pdf
- Iowa Code, Chapter 651 — Partition of Real Estate (court-ordered sale between co-owners): https://www.legis.iowa.gov/docs/code/651.pdf
- Iowa Judicial Branch — general probate information and forms: https://www.iowacourts.gov/
Important: This explanation summarizes common Iowa procedures and does not cover every possible factual nuance. Spousal rights, property title details, the precise language of the will, mortgages, liens, and tax consequences can change the outcome and the proper next step.
Disclaimer: This is general information only and not legal advice. Consult a licensed Iowa attorney to evaluate your particular situation and represent you in court if needed.
Helpful Hints — Practical steps to move forward
- Collect documents: get a certified copy of the death certificate, the original will, the property’s deed, mortgage statements, and any title insurance.
- Check title: visit the county recorder’s office or online records to confirm current legal owners and liens.
- Contact the will’s named personal representative: ask whether probate has been opened and whether the representative will petition the court to sell.
- Keep records: document all communications with the spouse, personal representative, and potential buyers.
- Get an appraisal or market analysis: the court will want realistic value evidence for a sale.
- Consider negotiation or mediation: if possible, settlement with the spouse may be faster and less expensive than litigation.
- If litigation is likely, consult a probate attorney early to evaluate: (a) whether to open probate, (b) whether to file a partition action, and (c) expected costs, timeline, and likely outcomes.
- Prepare for spousal claims: ask a lawyer to evaluate homestead/elective share/allowances so you know what must be paid from sale proceeds.
- Be patient but persistent: court processes take time; use court-approved steps to protect and realize estate assets.