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Detailed answer

Short answer: an older or “outdated” will remains effective unless it was legally revoked. To close probate and obtain legal authority to sell real property in Virginia you must open the decedent’s estate in the circuit court, obtain letters (letters testamentary or letters of administration) or a specific court order, confirm that the property is a probate asset, follow Virginia’s notices and creditor procedures, and either rely on express authority in the will or ask the court to approve the sale. The steps below explain the process and key decisions you will face.

1. What “outdated” means and why it matters

“Outdated” can mean many things: the will was written before the decedent acquired the property, it names beneficiaries who no longer exist or no longer should inherit, or it doesn’t reflect later life events (marriage, divorce, new children). An outdated will is not automatically void. A will is effective unless the testator revoked it by a later valid will, a codicil, or some act showing clear revocation. If you are unsure whether the will was revoked, the court will decide when you file it for probate.

2. Start by filing the will for probate in the proper circuit court

File the original will and a petition to probate in the circuit court where the decedent lived. The court will determine whether the will is valid and will issue letters testamentary (if an executor is named and qualified) or letters of administration (if there is no valid will or the named executor cannot serve). Those letters are the basic legal authority a personal representative needs to act for the estate.

Virginia statutes governing wills and administration are in Title 64.2 of the Code of Virginia: https://law.lis.virginia.gov/vacode/title64.2/.

3. Confirm whether the real property is part of the probate estate

Not all property goes through probate. Check how title to the property is held:

• If the decedent held title individually and there is no survivorship arrangement, the property is a probate asset.
• If the property is owned jointly with rights of survivorship, it typically passes outside probate to the surviving owner.
• If the property is in a living trust or has a valid beneficiary deed (deed with transfer-on-death), it may pass outside probate.

If you are unsure, obtain a title report or consult counsel to confirm whether the estate needs to transfer the property through probate.

4. Inventory, appraisal, and creditor notices

After appointment, the personal representative must locate assets, inventory them, and often obtain appraisals for real estate. Virginia requires notice to creditors and other interested persons so that creditors may file claims. You cannot distribute estate assets or sell property to distribute proceeds until creditor claims and administration expenses are addressed or the court authorizes the sale subject to specified distributions.

5. Do you already have authority to sell the property?

There are two common paths to legal authority to sell:

1. Authority in the will: If the will expressly gives the executor power to sell real property, that clause typically empowers the personal representative to sell in the ordinary course after appointment, subject to any limits in the will and any required court supervision.
2. No express authority in the will (or no will): If the will does not grant the power to sell, or if there is no will, the personal representative generally must ask the circuit court for an order authorizing the sale. In many cases the court will grant an order if the sale is necessary to pay debts, taxes, expenses, or to facilitate distribution of the estate fairly among beneficiaries.

Whether the personal representative can sign a contract and close without a confirmation hearing depends on (a) what the will says, (b) whether the estate has problems or creditor objections, and (c) local court practice. When in doubt, ask the court for express authorization to avoid title or post-closing issues.

6. Typical court process when you need permission to sell

When you petition the court for authority to sell real property the court will usually require:

• A sworn petition describing the property and reason for sale;
• Publication and notice to beneficiaries and others as required;
• An appraisal or proposed sale price and proposed sale terms;
• A hearing or written consent from heirs/beneficiaries; and
• A final court order authorizing the sale, and sometimes a confirmation step after the sale to confirm the price and enable the transfer of title.

After the sale, the personal representative signs a fiduciary deed conveying title and distributes the proceeds according to the will or Virginia intestacy law.

7. Special situations

• If the will devises specific real property but the decedent later sold that property or altered title, the specific devise may be adeemed (treated as satisfied) and the devisee receives nothing from that asset. Whether other assets or proceeds pass to the devisee depends on the will’s terms and Virginia law.
• If multiple heirs or beneficiaries dispute the will’s terms or the proposed sale, the court may delay approval until disputes are resolved.
• If the property is subject to a mortgage, the estate must deal with the mortgage — typically by paying it from estate assets or by transferring property subject to it with lender consent.

8. Common documents you’ll need

• Original will and any codicils.
• Certified death certificate.
• Petition for probate and appointment forms filed in circuit court.
• Letters testamentary or letters of administration from the court (proof of authority).
• Inventory and appraisal of the property.
• Copies of deed, title report, and mortgage payoff information.
• Court order authorizing sale (if required).

9. Practical tips for selling once you have authority

Work with a title company and a real estate agent experienced with fiduciary sales. The title company will often request proof of the representative’s authority (letters) and, if required, a certified copy of the court order authorizing the sale. Use a fiduciary deed (or the approved form required by the clerk) at closing. Keep clear records: any purchaser or later challenger will look to the record of court authorization and the representative’s accounting.

10. Where to read Virginia law and court procedures

General Virginia statutes on wills, probate, and fiduciaries are in Title 64.2 of the Code of Virginia: https://law.lis.virginia.gov/vacode/title64.2/. For practical probate guidance and local circuit court procedures, consult the Virginia Judicial System’s probate pages: https://www.vacourts.gov/courts/circuit/probate/index.html.

Helpful hints

• Keep the original will safe. Courts want the original when probating.
• Confirm whether the property passed outside probate (joint tenancy, trust, beneficiary deed) before planning a probate sale.
• Obtain letters testamentary or letters of administration before signing contracts or closing a sale.
• If the will explicitly authorizes sale, collect that clause and show it to the title company and the court clerk.
• If the will does not authorize sale, plan to file a petition and expect a hearing or notice period.
• Get a current title report early to spot liens, mortgages, or outstanding claims that affect saleability.
• Publish or serve required notices to creditors and possible heirs to avoid later challenges.
• Keep a full paper trail: court filings, inventories, appraisals, receipts, and correspondence.
• Consider short-term probate insurance or indemnity policies a title company may offer for disputed or incomplete probate authority.
• When in doubt, consult a Virginia probate attorney to avoid delays at closing or disputes after sale.