Detailed answer — step-by-step guide

1. Determine whether the “outdated” will is legally still the decedent’s last will

Missouri recognizes a written will so long as it was validly executed and not revoked by a later will or physical act (like destroying the document). If you find only an older will and no later one, that older will generally controls the distribution of probate assets unless evidence shows it was revoked.

2. Identify how the property is titled

Before assuming probate governs the property, check the deed and public records. Common ways property may pass outside probate:

• Joint tenancy with right of survivorship or tenancy by the entirety — surviving co‑owner may own automatically.
• Property owned by a living trust — trustee control passes under trust terms, not the will.
• Transfer-on-death deed or beneficiary deed (if used in Missouri) — those avoid probate.

If the decedent owned the property in sole name and title did not transfer automatically, the property is a probate asset.

3. Open probate or an administration proceeding

To manage and distribute probate assets and to obtain authority to sell property, you must file the will (if there is one) and a petition with the circuit court in the county where the decedent lived. The court will admit the will to probate (if valid) and appoint a personal representative (called an executor in a will or an administrator if there is no will). The court issues official documents (letters testamentary or letters of administration) that demonstrate the representative’s authority to third parties (banks, title companies, buyers).

Missouri law governs wills and estate administration; see the Missouri Revised Statutes on wills and estate administration for procedural rules: RSMo Chapter 474 (Wills) and RSMo Chapter 475 (Administration of Estates).

4. Inventory, notice, and creditor claims

After appointment, the personal representative must identify estate assets, provide notice to heirs and creditors, and follow statutory procedures for claims and expenses. Completing this process protects the representative from personal liability when distributing or selling assets.

5. Selling real property — how to get authority

There are two common ways the personal representative obtains authority to sell estate property in Missouri:

1. Authority under the will or statute: Some wills expressly grant the executor power to sell estate realty. Missouri probate law and local court practice may also permit a personal representative to sell property to pay debts and expenses without prior court approval, but many title companies request a court order or proof of authority (letters) before closing.
2. Court-ordered sale: If the will does not explicitly authorize sale, or if the title company or buyer requires it, the representative files a petition asking the probate court for an order authorizing sale. The court will consider factors like the need to pay debts, preserve estate value, and the best interests of beneficiaries. A court order provides clear authority and marketable title because it appears on the record and satisfies buyers and title companies.

6. If beneficiaries or heirs dispute the will or the sale

Disputes can delay a sale. Typical issues include claims that a later will exists, allegations the old will was revoked, or objections to selling a family property. The court will adjudicate will contests and disputes over the representative’s powers. If heirs consent in writing to the sale, courts often approve sales faster.

7. Practical steps checklist for a sale

• Locate and file the original will with the probate court in the county of the decedent’s residence.
• File a petition for probate and appointment of personal representative.
• Obtain letters testamentary or letters of administration from the court.
• Search the property title for joint owners, trusts, or liens.
• Provide required notices to heirs and creditors and complete any inventory required by the court.
• If wills do not grant sale power, petition the court for an order authorizing sale (include proposed sale terms and reasons such as paying debts or equalizing distributions).
• Work with a title company; they will usually require letters and sometimes a certified copy of the court order authorizing the sale.
• Close the sale; account to the court and distribute proceeds according to the will or statute.

8. Special scenarios to watch for

• Property in a trust: The trustee handles sale authority; probate may not be necessary.
• Spousal rights and elective share: Missouri law gives certain rights to a surviving spouse; these can influence distribution and whether a sale is allowed without spouse consent.
• Mortgage or liens: Creditors’ claims or mortgages must be satisfied or cleared at closing.
• Title company requirements: Many title companies require either clear letters and proof of authority or a specific court order to insure title after an estate sale.

9. Timeline and costs

How long probate takes depends on complexity, creditor timelines, and any disputes. Simple probates with cooperative beneficiaries can close in a few months; contested or complex estates take longer. Expect court filing fees, possible bond requirements, attorney fees (if you hire counsel), appraisal and closing costs, and costs to advertise and notify creditors.

10. When to get a lawyer

Consider a probate attorney if the will appears revoked or ambiguous, if heirs disagree, if major real estate or creditor issues exist, or if the title company insists on a court order. An attorney helps draft petitions, negotiate sales, and obtain the specific orders courts and title companies require.

Relevant Missouri statutes and resources (general reference):

• Missouri Revised Statutes, Chapter 474 — Wills
• Missouri Revised Statutes, Chapter 475 — Administration of Estates
• Missouri Revised Statutes, other relevant sections on decedents’ estates (searchable)

These chapter pages provide the statutory language that governs probate filings, appointment of personal representatives, notice requirements, and court powers to authorize sales. For a precise statute on a narrow procedural point (creditor notice periods, bond amounts, or sale procedure), search the Missouri Revisor site or consult local probate rules and an attorney.

Helpful Hints

• Do not transfer or sell estate property before you have letters from the court or a court order. Doing so can expose you to personal liability.
• Check deeds, mortgage records, and the recorder of deeds to confirm whether title already transferred by other means (joint tenancy, survivorship, trust).
• If the will looks old, search the decedent’s safe, files, email, and with their attorney for any later will or codicil before filing probate.
• Get a preliminary title commitment early. Title companies often tell you what they need (letters or a court order) to insure a sale.
• If beneficiaries agree to a sale, obtain written consents—courts give faster approval when heirs consent.
• Keep meticulous records: inventories, notices served, communications with heirs, and receipts for estate expenses.
• If you anticipate disputes, consult a probate attorney promptly to avoid delays and protect the estate’s value.