Detailed answer — step-by-step process under Missouri law

When you are the executor (officially called a personal representative in Missouri) and the estate needs to sell real property to pay debts, follow these core steps. State law, court rules, the will’s language, and facts of the estate determine whether you can sell directly or must get court approval.

1. Confirm your authority.

   First, confirm you are properly appointed and have received letters testamentary (if there was a will) or letters of administration (if intestate). These documents come from the probate court and evidence your authority to act for the estate. Contact the probate clerk in the county where the decedent lived to confirm appointment and obtain official paperwork.

2. Read the will and check statutory authority.

   Carefully read the decedent’s will. Some wills grant the personal representative explicit power to sell real estate without further court approval. If the will gives express authority to sell, you typically may sell under that authority; if not, you may need to petition the probate court for sale authorization.

   Missouri’s probate statutes and court rules control what a representative may do; review the applicable probate statutes and ask the court clerk or an attorney whether the will’s language suffices or if a court order is required. For Missouri statutes on probate procedure, see the Missouri Revisor of Statutes (probate chapters): https://revisor.mo.gov/main/Home.aspx and the Missouri Courts probate information: https://www.courts.mo.gov/page.jsp?id=258.

3. Locate, secure, and value the property.

   Locate the deed and determine title status (are there mortgages, liens, or co-owners?). Secure the property (change locks if needed) and obtain a professional real estate appraisal or multiple broker price opinions to determine fair market value. Accurate valuation supports the reasonableness of the sale price when you report to the court and creditors.

4. Identify and notify creditors and interested parties.

   Before or while selling assets, follow Missouri law on creditor notice and claims. Typically, estates must give notice to known creditors and publish notice to unknown creditors. Creditors have a limited period to file claims; the timing and notice requirements affect whether you must preserve funds to pay potential claims.

   Contact the probate court clerk to confirm required notices in your county and to find the statutory timelines that apply to the estate.

5. Decide whether you need court approval to sell.

   There are two common paths:

   • If the will or Missouri law expressly gives the personal representative power to sell real property, you may be able to sell without a separate court order—but you must comply with any statutory formalities (e.g., reasonable marketing, good-faith sale, accounting to the court).
   • If the will is silent or the property is encumbered, or an interested person objects, you generally must file a petition with the probate court asking for an order authorizing the sale. The court will set a hearing and may require notice to heirs, beneficiaries, and creditors.

   Ask the probate clerk whether your county requires a petition and hearing or whether the letters you hold provide sale authority.

6. Prepare and file the necessary petition, order, or inventory.

   If court approval is required, file a petition to sell real property for the purpose of paying debts. The petition usually requests permission to sell, describes the property, explains why sale is necessary (e.g., to pay creditors or taxes), and proposes sale terms. The court may require an appraisal or evidence of value and will schedule a hearing and notice period.

7. Market the property and accept a reasonable offer.

   Act as a prudent fiduciary: market the property, negotiate a fair price, and document your efforts. If the sale requires court confirmation, the court will review the terms and whether the price is reasonable. If the representative has independent authority under the will, still follow fair-market practices to protect against beneficiary objections.

8. Obtain court confirmation (if required) and close the sale.

   When approval is required, attend the hearing and obtain the court’s signed order authorizing sale and the sale terms or confirming the sale. After that, proceed to closing: execute and record the deed, pay off any liens or mortgages from sale proceeds, pay allowable estate expenses, and keep complete closing records.

9. Pay creditors from sale proceeds and file an accounting.

   Use sale proceeds to pay valid estate debts, administrative expenses, funeral expenses, taxes, and allowed claims in the order required by Missouri law. Keep detailed records and save receipts. File required accountings with the probate court and notify beneficiaries of proposed distributions.

10. Distribute any remaining proceeds and close the estate.

    After debts and expenses are paid and the court approves final accounting, distribute remaining funds per the will or Missouri intestacy rules. Then petition the court for final discharge to close the estate.

Because probate practice varies by county and because specific statutory timelines and notice requirements affect the sale, talk with the probate clerk and, when appropriate, a Missouri probate attorney before listing or closing on estate real property.

Key Missouri law resources

• Missouri Revisor of Statutes (search statutes and probate chapters): https://revisor.mo.gov/main/Home.aspx
• Missouri Courts — Probate & Guardianship information: https://www.courts.mo.gov/page.jsp?id=258
• Contact your county probate court clerk for local forms, procedures, and hearing schedules (court websites vary by county).

Helpful hints

• Get the appointment documents (letters) from the probate clerk before taking any action on the property.
• Check the will for an express power to sell. That power often simplifies the process but still requires you to act as a fiduciary.
• Obtain at least one professional appraisal to support the sale price and to satisfy court concerns if confirmation is required.
• Keep meticulous records: marketing, offers, appraisals, closing statements, payments to creditors, and communications with beneficiaries.
• Talk to the county probate clerk early — they can tell you whether a petition and hearing are required and what notices to give to creditors and heirs.
• Consider hiring a probate attorney when real property is complex (e.g., multiple heirs, disputes, mortgages, tax issues, or environmental liabilities).
• Watch deadlines: statutes of limitations for creditor claims and timelines for notice can affect whether the estate must reserve funds before distributing assets.
• Be mindful of tax issues (estate taxes, capital gains) and consult an accountant or tax attorney if the estate is large or the property has unusual tax attributes.
• If beneficiaries object to the sale, try to mediate, but be prepared to seek court guidance — you must follow the court’s orders and fiduciary duties.