In a Sale
What This Means When the House Is Being Sold
A will on its own, however clear and however recently signed, does not give anyone authority to act until a court has admitted it to probate and formally appointed the executor it names. Families sometimes proceed as though the will itself is enough, scheduling showings or discussing terms with a buyer before that appointment is complete, and then find escrow will not move forward without the Letters that only come after the will has gone through the court.
Locating the original will, not a copy, matters more than families often expect, since many courts require the original document for probate, and a missing original can complicate an otherwise straightforward estate.
Compare
Not to Be Confused With
What Tells Them Apart
A will is the document itself. Testate describes the legal status of having one. Executor is the role a will typically names, whose authority comes from the will only after a court has admitted it to probate. Codicil is a formal amendment to the will, generally read together with it rather than replacing it entirely.
Questions
Questions People Ask
Can property be sold based just on having a will, before probate?
No. A will has no legal effect on its own until a court admits it to probate and appoints the executor it names, and escrow will not close a sale without that appointment and the Letters it produces. The property can be prepared for market, but a contract cannot close before the appointment is complete.