Short Answer

If the decedent left an older will, the will remains effective if it was validly executed and not revoked. To sell property that is part of the probate estate, you generally must open probate (or qualify for a small-estate procedure), be appointed as the personal representative (often called executor or administrator), and then obtain either broad authority in your Letters or a specific court order authorizing sale. Use Alaska probate procedures and forms, provide required notices, and present the court-issued Letters to the title company or buyer. See Alaska probate resources at the Alaska Court System and Alaska statutes for the probate code.

Detailed Answer — Step-by-step under Alaska law

1. Confirm whether the will is valid and whether it controls distribution.

   An older will can still control distribution if it was validly executed and not subsequently revoked by a later will or by acts (for example, intentionally destroying the original). If there is a later will, that later will controls. If no later valid will exists, probate follows the terms of the most recent valid will.

   Useful reference: overview of Alaska probate law and statutes is available through the Alaska Legislature and Alaska Court System: Alaska Statutes (Title 13, Probate and Estates) and Alaska Court System – Probate.

2. Determine whether probate is required or a simplified/small-estate process applies.

   Some small estates qualify for simplified procedures that are faster and cheaper than full probate. If the estate qualifies, you may be able to transfer property without full probate. If not, you will need to open a probate case in the Superior Court where the decedent lived.

   See the Alaska Court System probate pages and forms for small-estate and summary procedures: Probate forms and guidance.

3. File a petition for probate and submit the original will (if available).

   To start formal probate, file the required petition and the decedent’s original will (if you have it). The court will appoint a personal representative (executor if named in the will; otherwise an administrator). You must give notice to heirs, beneficiaries, and creditors as required by court rules and statutes.

4. Obtain Letters Testamentary or Letters of Administration (the court’s written authority).

   Once appointed, the court issues written authority (often called Letters). These Letters are the primary document title companies and buyers will require to accept that you may handle estate property, sign deeds, or enter sales contracts.

5. Check whether the Letters include authority to sell real property or whether you must ask the court for specific approval.

   Many Letters include typical fiduciary powers, but if the Letters are silent or the sale is unusual (e.g., selling a homestead, selling encumbered property, or selling property early to pay debts), you should petition the court for express approval of the sale. The court’s order approving a sale is persuasive to title companies and buyers and prevents later disputes.

6. Complete required notice and publication steps before or after sale, as ordered.

   Alaska procedure usually requires notice to interested persons and sometimes public notice before the court will confirm major transactions. Follow the court’s order and any statutory notice requirements so the sale will not be set aside later.

7. Effect the sale properly at closing.

   At closing you will typically present certified Letters, a court order authorizing the sale (if required), and an affidavit of the personal representative. The buyer’s title company will usually require a court-filed probate docket number and certified copies from the probate clerk before insuring title. The personal representative then signs the deed conveying estate title to the buyer.

8. Distribute proceeds in accordance with the will and priorities under Alaska law.

   Sale proceeds become estate assets. The personal representative must pay valid debts and expenses first, then distribute the balance according to the will or, if no valid will exists, according to Alaska intestacy rules.

If the will omits property acquired after the will was signed, or omits heirs (for example, children born after the will), Alaska law has rules about omitted property and omitted heirs. These are complex and fact-specific; consult the statutes and consider counsel before final distribution. See Alaska probate resources: Alaska Statutes (Title 13).

Common complications with an “outdated” will

• If a later valid will or codicil exists, the earlier will may be revoked.
• A will that does not mention property acquired after it was signed may still control disposition of property owned at death, but some assets may pass outside probate (joint tenancy, POD accounts, trust assets).
• Life events after the will (marriage, divorce, birth) may change how assets pass under Alaska law; for example, divorce commonly affects gifts to an ex-spouse unless the will states otherwise.
• If the will names a personal representative who predeceased the decedent or is unable/unwilling to serve, the court will appoint a different representative.

When you should ask the court specifically for authority to sell property

Ask the court for express authority if any of these apply:

• The Letters don’t expressly permit the sale;
• The sale involves real property that was the decedent’s homestead or encumbered with unusual liens;
• The sale is a partial distribution that could affect creditor rights;
• A beneficiary objects or the buyer requires a court order.

Obtaining a sale order protects the personal representative and puts purchasers on notice that the transaction is court-approved.

Helpful links and resources

• Alaska Court System — Probate overview and instructions: https://courts.alaska.gov/shc/probate/index.htm
• Alaska Court System — Probate forms and checklists: https://courts.alaska.gov/shc/probate/forms.htm
• Alaska Statutes (probate and estates provisions are in Title 13): https://www.akleg.gov/basis/statutes.asp#13
• Find a lawyer: Alaska Bar Association referral resources: https://alaskabar.org/for-the-public/find-a-lawyer/

Helpful Hints

• Locate the original will and any codicils immediately. Courts prefer the original for probate.
• Collect a short list of likely heirs and beneficiaries; you will need names and addresses for notices.
• Gather documents that show how property is titled (deeds, deeds of trust, account statements). Jointly titled property and trust assets may avoid probate.
• Talk to the county recorder or a title company early if you expect to sell real estate — they will tell you exactly what paperwork buyers will demand.
• Keep careful records of all estate transactions, receipts, and distributions; the personal representative must account for estate funds.
• If beneficiaries disagree or a sale is likely contested, get counsel and consider asking the court for instructions before acting.