Who Signs the Listing Agreement, Contract, or Deed in Florida?

Understanding who must sign real-estate documents is critical for a smooth closing. This guide summarizes Florida’s rules across common ownership types, estates, trusts, entities, and powers of attorney (POA) — so agents, sellers, and title professionals can avoid last-minute delays.

Why Getting Signatures Right Matters

Getting signatures wrong can stop a closing in its tracks. An incorrect signer can void a contract or deed, missing signatures can delay title insurance issuance, and improper handling of estates, trusts, or powers of attorney can require probate. Knowing in advance who must sign and under what circumstances helps prevent these costly issues.

Florida Property Ownership & Who Signs

The table below summarizes common ownership scenarios in Florida and who must sign the listing agreement, contract, or deed.

How the Property Is Owned If Owner Dies / Other Factors Who Signs Joinder (Spouse Required?) Probate Needed?
Husband & Wife (Tenants by the Entirety) One spouse dies Surviving spouse None No
Husband & Wife (Tenants by the Entirety) Both die Legal heirs or will beneficiaries None Yes
Husband & Wife (Tenants by the Entirety) Both alive Both spouses None N/A
Single Person / Widow(er) Owner dies Heirs or beneficiaries (via Personal Representative) Yes Yes
Single Person / Widow(er) Alive Owner only None No
Trust Trustee dies Successor trustee(s) Spouse may join Generally no
Trust Alive Trustee(s) None No
Joint Tenants with Rights of Survivorship One owner dies Surviving owner None No
Joint Tenants with Rights of Survivorship All alive All owners None N/A
Tenants in Common One owner dies Remaining owners and decedent’s heirs or beneficiaries Yes Yes
Tenants in Common All alive All owners Each owner’s spouse must join N/A
“John Doe, a married man” John dies Surviving spouse and decedent’s heirs or beneficiaries Yes Yes
“John Doe, a married man” Alive John Doe Spouse may need to join N/A

When the Property Is Owned by a Business or Entity

Entity-owned properties require specific officers or managers to sign. Always verify authority through company documents or recorded statements of authority.

Entity Type Who Signs Requirements
Corporation (Florida) President, CEO, Vice President, or authorized officer Board resolution authorizing the signer
Limited Liability Company (Florida) Manager or Authorized Member Review Operating Agreement and recorded Statement of Authority
General Partnership (Florida) General Partner Review Partnership Agreement and any recorded limitations

Durable Power of Attorney (POA) Scenarios

A Power of Attorney (POA) can authorize another person to act on behalf of an individual or entity, but it ends immediately upon the principal’s death. Below are typical signing rules.

Principal Type Is It Homestead? Where POA Signed What Makes It Valid How Agent Should Sign
Individual (Florida) Yes Florida Signed before 2 witnesses and a notary; must authorize sale or conveyance of real property “Individual, by Agent, his/her attorney-in-fact”
Individual (Outside Florida) Yes Outside State Must meet Florida witness/notary standards or comply with laws of the execution state Same as above
Corporation or LLC as Agent N/A Any State Entity must be in good standing and authorized by resolution Authorized officer signs on behalf of the corporation
Trust or LLC/Corp Grantor N/A Any State Generally cannot delegate trustee/manager/officer powers through POA N/A

Important Legal Notice

The information above is provided for educational purposes only and is not legal advice. Florida’s homestead, probate, intestacy, and trust laws are complex, and other factors may affect your situation. Always verify ownership through public records and consult a qualified attorney before signing or preparing real-estate documents.

Never list the seller as “Owner of Record.” Always confirm the actual name(s) on the most recent deed and compare them against the county tax roll.

Contact Barnes Walker

Our real-estate attorneys have decades of experience handling closings, probate-related sales, and trust-held properties throughout Florida.

Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC
3119 Manatee Ave. W., Bradenton, FL 34205
Phone: (941) 741-8224
Website: www.BarnesWalker.com

Contact Information:

Tel: 941-867-7818

Email: info@barneswalker.com

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