Quick answer

If the decedent left a will that is old but valid, the will generally controls distribution. You must open probate in Oregon, get appointed as the personal representative (or have one appointed), follow the court-approved administration steps (inventory, notify creditors, pay debts), and obtain the authority you need—either under the personal representative’s statutory powers or by court order—before selling estate real property. If the will is invalid or there is no effective will, intestacy rules apply and the court still must appoint a personal representative. In many cases you can sell property during administration, but you must document authority and follow statutory procedures to protect yourself and preserve value for beneficiaries and creditors.

Detailed answer — step-by-step under Oregon law

1. Confirm whether the will is legally valid

First, confirm whether the old will was executed according to Oregon law. Wills and rules about testamentary formalities are governed by ORS Chapter 112. If the required signing and witnessing rules were followed, the will is usually valid even if it is dated many years before death. If the will is missing or appears invalid, the estate may be intestate and distribution follows Oregon’s intestacy rules in ORS Chapter 116.

Relevant statutes: ORS Chapter 112 (Wills) — https://www.oregonlegislature.gov/bills_laws/ors/ors112.html

2. Open probate and obtain authority to act

File a petition in the probate court of the county where the decedent lived to probate the will and appoint a personal representative (sometimes called an executor). The court issues written authority to administer the estate. Those appointment documents are what title companies and buyers usually require before a sale can close.

Oregon probate procedure and the personal representative’s duties and powers are in ORS Chapter 113. That chapter describes the process for appointment, what to file, and general administration powers. See: ORS Chapter 113 — https://www.oregonlegislature.gov/bills_laws/ors/ors113.html

3. Determine whether the property must pass through probate

Not all property needs probate. Real property held in joint tenancy, owned by a revocable living trust, or that has a valid transfer-on-death deed may pass outside probate. Confirm title and encumbrances with a title search. If the property is probate property (i.e., solely owned by the decedent and not in trust or joint tenancy), it must be administered through probate before final distribution or sale unless a small-estate or other simplified procedure applies.

Small-estate procedures may be available under ORS Chapter 114 if the estate meets statutory thresholds. See: ORS Chapter 114 — https://www.oregonlegislature.gov/bills_laws/ors/ors114.html

4. Inventory, value, and secure the property

After appointment, the personal representative must locate estate assets, inventory them, and obtain values or appraisals for real property. Secure the property physically (locks, insurance) and protect its marketability (maintenance, urgent repairs). These steps support a responsible sale and protect the personal representative from later claims.

5. Authority to sell real property — statutory powers and court oversight

Under Oregon probate practice, the personal representative has statutory powers to manage and administer estate assets, which commonly include selling real property when necessary to pay debts, taxes, expenses, or to facilitate distribution. The specific powers and any limits are described in ORS Chapter 113. In many routine sales the personal representative may rely on those statutory powers and the court appointment (letters) to sign a deed and close a sale.

However, certain sales can require additional steps: for example, if beneficiaries object, if the sale is outside ordinary administration (a sale at less than full market value), or if the will limits the personal representative’s authority, the personal representative may need express court approval of the proposed sale (a petition and hearing). To avoid delay and post-sale challenge, consider filing a petition for authority to sell and asking the court to approve sale terms and confirm the sale process.

Relevant statutes and rules: ORS Chapter 113 — https://www.oregonlegislature.gov/bills_laws/ors/ors113.html

6. Notify creditors and pay debts before distribution

Before distributing net sale proceeds, the estate must provide notice to creditors and pay valid claims and taxes. That process preserves the estate from later claims. Keep careful records of notices, claim handling, and payments; the personal representative will account to the court and beneficiaries.

7. Complete the sale, account to the court, and distribute proceeds

When you have authority to sell and have complied with creditor notice and administration duties, you can list and sell the property. Close escrow using the personal representative’s authority or by court-approved sale order. After closing, file final accountings, pay remaining expenses and distribute estate proceeds consistent with the will or intestacy plan. Finally, move to close the probate case with the court.

8. Special situations that commonly arise with old wills

• If beneficiaries named in the old will predeceased the decedent, Oregon’s statutes may have anti-lapse rules or default substitution rules. Check ORS Chapter 112 for lapse and substitution rules.
• If the decedent executed a later will (unsigned or informal), you may need a court determination about validity.
• If assets were transferred to a trust, or into joint tenancy, the will may not control those assets — confirm ownership documentation.
• If creditors or disputed heirs contest the sale or the will, ask the court to resolve the dispute or approve the sale to limit personal liability.

Key Oregon statute references

• Wills: ORS Chapter 112 — https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
• Probate procedure and personal representative powers: ORS Chapter 113 — https://www.oregonlegislature.gov/bills_laws/ors/ors113.html
• Small estates: ORS Chapter 114 — https://www.oregonlegislature.gov/bills_laws/ors/ors114.html
• Intestacy and distribution rules: ORS Chapter 116 — https://www.oregonlegislature.gov/bills_laws/ors/ors116.html

When to ask the court for explicit sale authority

Consider asking the court to approve a sale if:

• Beneficiaries object or heirs are unknown or disputed;
• The sale price is substantially below market;
• The will places limits on sale of a particular asset;
• You want the court to release the buyer or the personal representative from post-closing claims.

When to consult an attorney

Consult an Oregon probate attorney if the will’s validity is uncertain, beneficiaries are in conflict, title problems appear, you anticipate creditor disputes, or when a sale may require court approval. An attorney can help you draft the petition, obtain the necessary court orders, and reduce the risk of personal liability for the personal representative.

Helpful Hints

• Locate the original will and any codicils before filing. Courts prefer originals.
• Get a certified copy of the decedent’s death certificate early; many institutions require it.
• Run a title search and chain-of-title check before marketing the property.
• Obtain one or more appraisals to support a fair asking price and to document value for the court and beneficiaries.
• Maintain careful, dated records: notices, repairs, receipts, appraisals, bank statements, and communications with buyers and beneficiaries.
• Consider a court-approved sale when buyers want title insurance and the title company requires certified authority from the probate court.
• If the estate is small, check whether a simplified procedure (small estate affidavit) avoids full probate — see ORS Chapter 114.
• Ask the court for authority and instruction if you expect disputes; a short hearing can avoid months of litigation later.