Detailed answer — how probate works when the will may be outdated and how to get authority to sell real property in Pennsylvania

When a decedent leaves a will that appears outdated (for example, it does not reflect current assets or family circumstances, or you suspect a later will exists), the first goal is to determine which document controls. Pennsylvania probate follows the decedent’s valid last will; if no valid will exists, state intestacy rules apply. The basic process to finalize probate and secure authority to sell estate real estate is:

1. Locate and examine all possible wills and codicils.

   Search the decedent’s papers, safe deposit boxes, attorney files, and contact likely attorneys or banks. If you find more than one will, the later one ordinarily controls unless it is invalid. If you cannot find a later will, the one you have may still be the operative will.

2. File the original will and open probate with the Register of Wills in the county where the decedent lived.

   To start formal probate, file the original signed will (if you have it) and a petition to probate. The Register of Wills receives the will and begins the process to appoint a personal representative. For general information about probate and probate courts in Pennsylvania, see Pennsylvania’s probate statutes (Title 20) and the Orphans’ Court Division pages: 20 Pa.C.S. (Title 20) — Decedents, Estates and Fiduciaries and Pennsylvania Courts — Orphans’ Court Division.

3. Get letters testamentary or letters of administration.

   Once the court admits the will and appoints the personal representative (executor or administrator), the court issues official paperwork (letters) that prove the representative’s authority to act for the estate. Title companies and buyers will require these letters before completing a real estate sale.

4. Inventory assets, give notice to beneficiaries and creditors, and handle estate obligations.

   The personal representative must identify estate assets (including real property), appraise or obtain an estimate of value when necessary, and notify creditors and beneficiaries as required by Pennsylvania law and local Orphans’ Court rules.

5. Determine whether the will itself or the court must authorize the sale of real estate.

   There are two common paths to obtain authority to sell property:

   • If the will expressly grants the executor the power to sell estate real estate (a common clause), the executor often has authority to sell for estate purposes without a separate sale petition. Even with a sale clause, practical requirements (letters, notice to interested parties, and sometimes court confirmation) often apply.
   • If the will does not grant sale authority, or if heirs or potential purchasers request additional assurance, the personal representative should petition the Orphans’ Court for an order authorizing the sale. The court’s order gives clear authority and protects the representative from later claims. Many county Orphans’ Courts require a petition for sale of real estate and will set terms for advertising and confirmation.
6. Follow Orphans’ Court procedures for sale (when required).

   If you petition the court for sale authority, expect to provide an inventory, proposed sale terms, notice affidavits, and possibly competitive bidding procedures or confirmation hearings, depending on local rules. The Orphans’ Court exists to protect heirs and creditors and to supervise the disposition of estate property. See the Pennsylvania Courts Orphans’ Court Division for local procedural information: Orphans’ Court Division.

7. Close the sale with a title company and record documents.

   Most buyers and lenders will require a title search and will only close when the personal representative can prove authority (letters) and clear title. After sale, distribute proceeds according to the will or intestacy and pay estate debts, liens, and taxes before distributing net proceeds to the beneficiaries.

8. Resolve disputes and challenges before or during administration.

   If someone claims a later will exists, alleges the will was revoked, or disputes the sale, these issues may delay probate and sale until resolved by settlement or court decision. Promptly address contested issues through petitions for instructions, citations, or will contests in Orphans’ Court.

Key Pennsylvania law and resources

• PA consolidated statutes on decedents’, estates, and fiduciaries (Title 20): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
• Pennsylvania Courts — Orphans’ Court Division (procedures and local rules): https://www.pacourts.us/courts/courts-of-common-pleas/orphans-court-division
• County Register of Wills offices (probate filing and letters) — contact the Register of Wills in the decedent’s county; county offices post local forms and instructions on their websites (search your county name + “Register of Wills”).

Practical timeline and costs

Probate can range from a few months (for an uncontested, simple estate) to a year or more (when disputes, tax matters, or complex assets exist). Expect filing fees, bond costs (sometimes), appraisal or broker fees for real property, legal fees, and title company charges at sale.

When a will is truly outdated or fails to dispose of property you must consider

If the will omits property acquired after the will date, or a beneficiary named in the will predeceased the testator leaving no substitute beneficiary, parts of the estate may pass by intestacy. Intestacy and the effect of surviving or predeceased beneficiaries are governed by Pennsylvania law under Title 20 (Decedents’ Estates). In such mixed cases, the personal representative must apply the will to the extent it’s valid and follow intestacy rules for any remainder.

Hypothetical example

Jane Doe died owning a house and a bank account. She left an older will naming an executor but no clause authorizing sale, and you found no later will. To sell the house you would (1) file the original will with the county Register of Wills, (2) request appointment as personal representative so you can get letters, (3) inventory assets and notify heirs and creditors, and (4) petition the Orphans’ Court for authority to sell the house (or show the title company the letters and any will clause allowing sale). The court can approve a sale and direct how proceeds are used to pay debts and then distributed.

When to get a lawyer

Hire a probate attorney if any of the following apply: there may be a later or disputed will; heirs or creditors contest the estate; the estate holds complex assets or outstanding mortgages; you need a court order to sell property; or you want protection from later claims. An attorney will prepare petitions, represent you in Orphans’ Court, and coordinate with title companies to ensure clean transfers.

Helpful Hints

• Start by searching thoroughly for any later will or codicil—missing later wills are a common cause of delay.
• Bring the original will (not a copy) when you file with the Register of Wills; courts generally require the original.
• Obtain the court-issued letters before attempting to negotiate a sale; title companies almost always require them.
• If the will grants an express power to sell real estate, keep a copy of the will clause with sale documents and provide notice to beneficiaries as required by local rules.
• Check county-specific Orphans’ Court rules—procedural requirements vary by county (advertising, confirmation hearings, etc.).
• Get an appraisal or broker opinion of value early so you can propose reasonable sale terms to the court or potential buyers.
• Be proactive about creditor notices and estate taxes—unpaid debts and tax liens can block or complicate a sale.
• Document everything: receipts, notices, valuations, communications with beneficiaries, and court filings protect you as personal representative.
• If unsure, contact a Pennsylvania probate attorney to file petitions correctly and to reduce the risk of later personal liability.