Short answer

If a decedent’s will is outdated, you must first confirm whether the will is valid and how it disposes of the real estate. In New Jersey you normally open probate in the county Surrogate’s Court so the personal representative (executor or administrator) can receive formal authority (letters testamentary or letters of administration). If the will does not clearly give the personal representative the power to sell the property, you will usually ask the Surrogate’s Court for an order authorizing a sale or follow the power in the will. If beneficiaries or co-owners object, or title issues exist, you may need a court sale or a partition action. Throughout the process you must follow New Jersey probate procedures, provide required notices, file inventories and accounting, and clear title before closing a sale.

Detailed answer — step by step (plain language)

1. Identify and read the will; confirm whether it is still legally valid

Start by locating any original will and any codicils. A will that is “outdated” in everyday terms (for example, it names an ex-spouse or old beneficiaries) can still be valid if it was properly executed. The court will apply New Jersey law about wills to determine validity and interpretation. See New Jersey statutory authority on estates (Title 3B) for the full statutory framework: N.J.S.A. Title 3B — Estates, Powers & Trusts.

2. Decide which probate route to open

If the decedent left a will, the nominated executor can file for probate (apply for letters testamentary) in the Surrogate’s Court of the county where the decedent lived. If there is no valid will or no nominated executor available, someone can ask to be appointed as administrator (letters of administration). The county Surrogate’s office handles the filing, notices, and initial paperwork. New Jersey Courts provide practical probate information on their website: NJ Courts — Wills & Probate Self-Help.

3. Determine how the will treats the real property

Ask these questions: Did the will devise (gift) the home to a named beneficiary? Did it give a residuary or general gift of all property to someone? Does the will include an express power for the executor to sell real estate? If the will gives a clear, operative devise to a living beneficiary, the property will pass to that beneficiary subject to settlement of debts, taxes, and administration. If the devisee has predeceased the decedent or the will is ambiguous, New Jersey’s intestacy and construction rules determine what happens next.

4. If the will does not clearly allow sale, get court authority

If the will does not expressly give the personal representative the power to sell, or if beneficiaries dispute the sale, the personal representative typically petitions the Surrogate’s Court for permission to sell the real property. The Court will consider whether the sale is necessary or in the estate’s best interest — for example, to pay debts, taxes, or to make distributions feasible. The Surrogate’s Court issues letters and can enter an order authorizing sale or directing steps such as notice to interested parties and a public or private sale process.

5. Notices, appraisal, and clearing clouds on title

Before a sale closes, you must provide required notice to beneficiaries and sometimes creditors, file inventories, and obtain appraisals if the court requests them. If other people claim an ownership interest (a surviving spouse, joint tenant, lienholder, mortgagee, or judgment creditor), you must resolve those claims. If title is unclear, you may need a quiet-title or a partition action in Superior Court, or a court-supervised sale where the court’s order clears title issues at closing.

6. Selling the property

With letters and, when necessary, a Surrogate’s order authorizing sale, the personal representative can list and sell the property. All sales should be done in the name of the estate, and the title company will usually require letters testamentary/administration and the court order to issue a clear title policy. Proceeds flow into the estate. You must pay valid debts, funeral expenses, taxes, and estate administration costs before distributing remaining funds to beneficiaries under the will or by intestacy.

7. Closing probate administration

After paying debts, taxes, and administration costs and distributing assets per the will or intestacy, the personal representative files a final accounting and petition for discharge with the Surrogate’s Court (or obtains consent from beneficiaries if allowed). When the Surrogate approves, the personal representative is discharged and the estate closes.

Common factual examples (hypothetical)

• Example A: Decedent’s 1990 will leaves the house to “my wife,” but the decedent divorced in 2005. The will is still valid unless the decedent executed a new valid will. The court will need to interpret whether “my wife” refers to the ex-spouse or whether divorce operation of law revoked the gift. You may need a Surrogate’s determination or new counsel to petition the court.
• Example B: Will names an executor but gives no power to sell. Beneficiaries live out of state and agree sale is needed to pay debts. The executor petitions the Surrogate for authority to sell; the court issues an order allowing a private sale subject to notice to beneficiaries.
• Example C: Title shows property is joint tenancy with a surviving joint tenant. Joint tenancy may automatically pass outside probate; the Surrogate’s involvement for that real property may be limited, but you still need to sort out other estate assets and debts.

Key New Jersey legal concepts to know

• Letters testamentary / letters of administration — formal court documents that give the personal representative authority to act for the estate.
• Surrogate’s Court — the county court that handles probate, will validation, and estate administration in New Jersey.
• Intestacy — if a will is invalid or silent about property, statutes decide who inherits. See New Jersey statutes on intestate succession (Title 3B).
• Judicial sale / partition — if co-owners or title disputes exist, you may need a court-ordered sale or partition action in Superior Court.

Where statutes and court rules matter

New Jersey’s statutory framework for wills, intestacy, and probate appears in Title 3B of the New Jersey Statutes (Estates, Powers and Trusts). For practical filing and procedural rules, consult the local county Surrogate’s office and New Jersey Courts self-help pages. Useful starting points:

• N.J. Legislature — statutes (search for Title 3B)
• New Jersey Courts — Wills & Probate Self-Help

When to hire an attorney

Get an attorney if any of the following apply: the will is ambiguous or appears revoked; beneficiaries dispute the will or the sale; title problems or joint ownership exist; large debts, tax issues, or business interests complicate the estate; or you need a court order to sell the property. An attorney who handles New Jersey probate will file the necessary petitions, represent the estate in court if objections arise, coordinate title clearance, and prepare the documentation the title company requires for closing.

Practical checklist for a personal representative in New Jersey

1. Locate the original will and any codicils. Keep the original in a safe place.
2. Contact the county Surrogate’s office to learn local filing requirements and fees.
3. File a probate application (or application for letters of administration) and request letters.
4. Provide required notices to beneficiaries and potential creditors per Surrogate instructions.
5. Inventory estate assets and obtain appraisals for real property if required.
6. If a sale is needed, confirm whether the will grants sale power; if not, petition the Surrogate for authority to sell.
7. Work with a real estate agent and title company experienced with probate sales; provide letters and court orders as needed.
8. Resolve liens, mortgages, taxes, and title issues before closing.
9. File accountings, pay debts and taxes, and distribute remaining proceeds to heirs or beneficiaries.
10. Seek discharge from the Surrogate’s Court to close the estate officially.

Helpful Hints

• Contact the Surrogate early. County Surrogates can explain filing steps, forms, and local practices.
• Get professional appraisals for the property. Courts and title companies often expect objective valuations.
• Don’t sell property in your personal name. Always close in the estate’s name and use letters testamentary/administration and any court sale order.
• Keep detailed records and receipts of all estate transactions. The Surrogate or beneficiaries may later require an accounting.
• If a beneficiary lives out of state or you need an ancillary probate where real property sits in another state, consider counsel who handles multi-state probate.
• Resolve mortgages and liens before distribution. A closing attorney or title company can explain payoffs and escrow procedures.
• If beneficiaries agree, consider a written consent distribution to shorten probate steps — but only when permitted by law and the Surrogate.
• If someone objects to the sale, expect delays. Objections usually require the court to hear the dispute before permitting a sale.
• Ask the title company early what documents it needs to insure marketable title at closing.
• When in doubt, consult an attorney experienced in New Jersey probate to avoid mistakes that could cost time and money.