Short answer

If a decedent left a will that is outdated (for example, it names beneficiaries or assets that no longer reflect current circumstances), the will remains legally effective unless it was revoked by a later valid will or by operation of law. In Tennessee you must open probate, have the court admit the will and issue Letters Testamentary (or Letters of Administration if there is no valid will), and then either rely on any sale power in the will or ask the probate court for express authority to sell real property. The court can grant authority to sell for administration purposes (to pay debts and expenses) or to carry out the estate plan, or can approve a sale requested by the personal representative and agreed to by interested parties.

Detailed Answer — Step‑by‑step under Tennessee law

1) Confirm whether the will is still legally valid

Even if a will is old, it is valid unless the testator revoked it. Common ways a will becomes invalid include:

• A later signed will or codicil that expressly revokes earlier wills.
• Physical destruction of the will by the testator with intent to revoke.
• Certain changes in family status that state law treats as revocation of specific gifts (for example, many states change bequests when the testator divorces; consult counsel in Tennessee about how divorce or remarriage affects named beneficiaries).

To start, find the original will, death certificate, and any later documents. File the will for probate in the county probate court where the decedent lived so a judge can formally determine validity and appoint a personal representative. Tennessee’s probate and wills law appears in Title 30 and Title 32 of the Tennessee Code; see the Tennessee Code for statutory language: https://www.capitol.tn.gov/legislation/statutes/30/ and https://www.capitol.tn.gov/legislation/statutes/32/ .

2) Open probate and obtain Letters

To act for the estate (collect assets, pay bills, sell property), the person named as executor in the will must file a petition to admit the will and be appointed by the probate court. The court issues Letters Testamentary (if there is a valid will) or Letters of Administration (if there is no will). Those letters are the primary authority banks, title companies, and purchasers will require to recognize the personal representative’s power.

3) Check whether the will (or statute) already authorizes sale of real property

Some wills include a clause that grants the personal representative power to sell real property without further court approval. If the will contains a specific, properly worded power of sale, the personal representative may be able to sell under that authority once Letters are issued. If the will does not include that language, or if the will’s power is ambiguous, you should assume you need court permission to sell.

4) If the will is silent or ambiguous, petition the probate court for authority to sell

The typical procedure in Tennessee is:

1. File a petition in probate court asking for authority to sell the property. Describe the property, state the reason for the sale (pay debts, expenses, taxes, or because selling is necessary or convenient to administer the estate), and state the proposed sale terms.
2. Provide notice to all interested parties—beneficiaries named in the will, heirs at law, and creditors—so they can object if appropriate. The probate clerk can tell you the required form and timing for notice in your county.
3. If there are no valid objections, the judge typically issues an order authorizing the sale and setting any conditions (for example, minimum price, confirmation procedure, or use of the court to confirm the sale).

Even when an executor has authority, many buyers and title companies will still require either a court order approving the sale or a certified copy of Letters and the court order showing the authority to convey.

5) Sales to satisfy debts vs. distribution sales

The court can authorize a sale to raise cash to pay debts, funeral expenses, taxes and administration costs. The court may also approve a sale to convert an asset to cash for distribution among beneficiaries when an in‑kind distribution is impractical. The personal representative must keep accurate accounting and provide distributions according to the will or intestacy rules if there is no valid will.

6) When beneficiaries object

If a beneficiary objects to the sale, the court decides whether the sale is necessary or for the estate’s benefit. Beneficiaries sometimes agree to a sale in exchange for cash distributions or other terms. If beneficiaries oppose and the court agrees, the sale may be denied or conditioned (for example, requiring a higher minimum bid or confirmation hearing).

7) Practical steps to clear title and complete sale

• Obtain certified Letters and a certified copy of the court order authorizing sale.
• Provide the title company with the Letters, order, death certificate, and an estate affidavit if requested.
• Pay off mortgages and liens at closing, and provide appropriate closing statements to the court if required by local practice.
• File a final accounting and petition for distribution when administration is complete.

8) Special situations to watch for

• Co‑owned property: Joint tenancy or tenancy by the entirety may pass outside probate—verify title ownership before assuming the property is probate property.
• Property not listed in the will: Real property that the decedent owned in their name at death is generally part of the probate estate even if the will does not mention it.
• Mortgage or secured debt: The personal representative must address liens—lenders typically expect payoff at closing unless the buyer assumes the mortgage (with lender consent).
• Out‑of‑state property: Real estate located in another state may require ancillary probate in that state before it can be sold.

Useful Tennessee statute references

Key Tennessee law governing probate and wills is located in the Tennessee Code, Title 30 (probate and fiduciaries) and Title 32 (wills and administration). See:
T.C.A. Title 30 — Probate and Fiduciaries and
T.C.A. Title 32 — Decedents’ Estates and Wills.

For practical probate court information and local filing procedures, contact your county probate court clerk or the Tennessee court system resources: Tennessee Courts.

Helpful Hints

• Don’t try to sell property using only the old will; get Letters and, if needed, a court order. Buyers and title companies expect formal probate documentation.
• Gather documents before you file: original will, death certificate, deeds, mortgage statements, recent tax bills, and a list of heirs and beneficiaries.
• Talk to the probate clerk early. Clerks can explain local filing steps, notice requirements, and fee schedules.
• Get an appraisal or market analysis before petitioning to sell so you can justify the sale price to the court and beneficiaries.
• If beneficiaries agree to a sale, get written consents and present them to the court—consent can simplify the process.
• Expect to give public notice to creditors and allow time for objections; creditor claims can delay sale and distribution.
• Consider hiring a probate attorney when the will is outdated, beneficiaries dispute the will, title issues exist, or the estate has significant debts or taxes. An attorney can draft the petition, handle creditor notices, and represent you at hearings.
• If the property is in another state, ask about ancillary probate as required—selling out‑of‑state assets often triggers additional legal steps.