Quick answer

If a decedent’s will is old it can still control distribution unless a later valid will or other act revoked it. To finish probate and get authority to sell real property in Kentucky you must: confirm which will controls, have the court appoint and issue letters to the personal representative, follow Kentucky probate procedures (notice, inventory, creditor claims), and if needed obtain a court order authorizing sale of real estate. Do not sell real property without clear appointment and written authority from the court or a valid power in the will.

Detailed answer — step by step

1) Identify which document is the controlling will

Start by locating the decedent’s most recent will and any codicils. A later valid will (or a codicil) generally revokes earlier wills either expressly or by inconsistency. An “outdated” will may still be valid if the decedent did not execute something later that revoked it. Also look for a handwritten change, a signed codicil, or evidence the decedent destroyed the will (physical destruction can revoke a will). If you find doubt about which document controls, the probate court decides.

2) Open probate (or determine if probate has already been opened)

To administer the estate you (or another nominated executor) must present the purported will to the probate court in the county where the decedent lived. In Kentucky the courts and clerk’s offices handle probate matters; for information on local procedures see the Kentucky Court of Justice probate resources: Kentucky Courts — Probate Self-Help. The court will accept the will for probate, give notice to interested persons, and determine if the will is valid.

3) Appointment of a personal representative (executor or administrator)

If the will names an executor and the court finds the will valid, the court issues letters testamentary (or letters of administration if no valid will exists). Those letters are the fiduciary’s legal authority to act for the estate. Do not act or transfer estate real property until you have those letters or a specific court order authorizing sale.

4) Inventory, creditor notices, and estate administration

Once appointed, the personal representative must gather assets, prepare an inventory, give notice to creditors, and pay valid claims and expenses before distributing assets to beneficiaries. Selling real property is commonly done to pay debts or to divide net proceeds among beneficiaries when property cannot be divided physically.

5) Authority to sell real property — how to get it

There are three common paths to authority to sell probate real estate in Kentucky:

• Will power: The will itself may give the executor express power to sell estate property for administration or distribution. If so, that language plus the letters from the court usually allow sale without a separate hearing, but some buyers and title companies still ask for a court order or a certified copy of letters.
• Statutory or common law powers: In many cases the personal representative has implied powers to manage and sell estate assets to pay debts and costs of administration. Practical practice often requires either clear statutory authority or a court order because buyers and title companies will want a recorded instrument that transfers marketable title.
• Court order: If the will is silent or parties disagree, the safe route is to petition the probate court for an order authorizing sale. The court can approve sale terms, order how proceeds will be held and distributed, and resolve disputes between beneficiaries. A court order removes title company and buyer concerns and reduces later liability for the personal representative.

6) Dealing with an “outdated” will when selling property

“Outdated” can mean several things: the will’s provisions may not match current facts (e.g., property sold before death), or family circumstances changed. That does not void the will. The executor should:

1. Compare the will to current asset records and title to determine if the property described is still part of the estate.
2. Determine if any later valid will revoked the outdated one.
3. If beneficiaries or heirs dispute the will’s meaning or the sale, bring the dispute to the probate court and ask for instructions or an order authorizing the sale.

7) Practical steps to sell with clear authority

1. Obtain certified letters testamentary or administration from the probate court.
2. If the will grants sale powers, provide a certified copy of the will and letters to the buyer and title company.
3. If the will is silent or title insurers demand, file a petition for sale and request a court order approving the sale and the sale’s terms.
4. Resolve liens, mortgages, and taxes before or at closing. The personal representative typically pays these from estate funds or sale proceeds.
5. Use an estate bank account for proceeds and follow the court’s accounting rules. Keep records — the court will want a final accounting before closing the estate.

8) Closing the estate

After paying creditors and expenses, the personal representative distributes remaining funds and property to beneficiaries per the controlling will (or by intestate succession if no valid will exists). The representative then files a final accounting and petition for discharge. The court then closes the estate and discharges the personal representative from further liability.

Where to check Kentucky law and forms

Kentucky statutes and local probate rules govern the exact steps and timelines. For the statutory text and to search relevant KRS provisions, use the Kentucky Revised Statutes portal: Kentucky Revised Statutes. For procedural information and local forms, consult the Kentucky Court of Justice probate resources: Kentucky Courts — Probate Self-Help.

Important: Specific statutory sections and local practice may affect deadlines, notice content, appraisal requirements, and how sales are approved. If you plan to sell estate real property, ask the probate clerk which forms and notices apply in your county.

When you should get an attorney

Hire a Kentucky probate or real estate attorney if any of the following apply: disputed wills or beneficiaries, complex assets or liens, federal or state tax issues, unclear title, anticipated litigation, or if the buyer or title company insists on a court order. A lawyer can draft petitions, represent you at hearings, and prepare sale orders and closing documents to reduce personal liability.

Disclaimer: This article explains general principles about Kentucky probate processes and real property sales. It is educational only and is not legal advice. For advice tailored to your situation, consult a licensed attorney in Kentucky.

Helpful Hints

• Find the most recent will and any codicils before doing anything else.
• Obtain certified letters from the probate court before attempting to sell property.
• If the will gives the executor power to sell, still get a certified copy of the will and letters for the title company or buyer.
• When in doubt, petition the probate court for an order authorizing sale — it protects purchasers, title insurers, and you as the personal representative.
• Keep all sale proceeds in an estate account and keep detailed records; courts expect clear accounting.
• Check for mortgages, tax liens, and outstanding judgments before listing property.
• Small estates may qualify for simplified procedures; ask the probate clerk if you qualify.
• Work with a real estate agent experienced in probate sales and a title company familiar with estate transfers.
• Consult a Kentucky probate attorney early if beneficiaries disagree, the will is ambiguous, or there are creditor claims.