Short answer: The signature has to connect back to how title is held today. If the name on the deed is different, or someone is signing for the owner, the signature shows both: who the owner of record is, and who is signing and in what role. That same wording should start on the contract.
Most closings are simple. The people on title are the people at the table, and they sign their names. The files that slow down are the ones where that isn't true. The owner passed away. Mom is in assisted living and her son has a power of attorney. The seller bought the house under her married name and has since gone back to her maiden name.
None of these are deal-killers. They just need to be set up right from the contract, not fixed at the closing table. If the Seller line on the contract doesn't match title, everything downstream (the commitment, the deed, the closing package) has to be fixed later.
Want the quick version? See the How to Sign quick reference for every situation side by side.
When the owner has died
Who signs depends on how the owner held title.
- Owned with someone as joint tenants. The surviving owner usually becomes the sole owner. A death certificate gets recorded, and the survivor signs alone.
- A beneficiary deed was recorded before death. The named beneficiary owns it and signs. Colorado law requires that beneficiary deed to be recorded while the owner was alive. One found in a drawer after the funeral doesn't work.
- Owned alone, no beneficiary deed. This usually means probate. A Colorado court appoints a Personal Representative and issues Letters. The PR signs for the estate.
The common mistake: the person named as executor in the will tries to list the house. A will by itself gives no authority to sign a listing agreement or a contract. They need to be appointed by the court first.
On the contract, the Seller is the estate, signed by the PR: Estate of Jane A. Smith, Deceased, by John R. Smith, Personal Representative. Section 13 of the Colorado contract has a box for a personal representative's deed. Use it. That deed has to be prepared by a Colorado attorney, usually the one handling the probate, not the title company.
When someone signs with a power of attorney
A POA can work well, but it needs to be checked early. Title will look for a few things:
- It specifically gives the power to sell or convey real estate. Vague language like "handle my affairs" usually isn't enough.
- The original, notarized POA can be recorded with the deed. Colorado requires the POA to be recorded when it's used to convey property.
- The owner is still living. A POA ends at death. After that, it's an estate.
- It's durable, if there's any question about the owner's capacity.
The signature shows both people: Jane A. Smith, by John R. Smith, as Attorney-in-Fact. Send the POA to your closer when you open title, not the week of closing. Some situations, like short sales, may not allow a POA at all.
One more catch: a personal POA can't be used to sign for an LLC, a trust or an estate. Those have their own signing rules.
When the seller's name has changed
This is the most common one. The seller bought as Jane Smith, got married, and is now Jane Doe. Or bought as Jane Doe while married, divorced, and went back to Smith.
The fix is the same either way. Sign today's legal name and tie it to the name on title:
Jane A. Doe, formerly known as Jane A. Smith (often written "f/k/a")
Use the same wording on the contract. Bring ID in the current name. Title may also ask for the marriage certificate or the divorce decree that restored the former name.
When there's a divorce
A name change is easy. Ownership is the part that needs attention.
- Divorce is final and both spouses are still on title. A divorce decree awarding the house to one spouse doesn't always clear the other off title. Usually title will want a deed from the ex-spouse, or both of them sign at closing. Get the decree to your closer early.
- Divorce is still pending. Colorado's automatic temporary injunction generally keeps either spouse from selling property without the other's written agreement or a court order. Plan on both signing.
- Married, but the spouse isn't on title. Colorado generally doesn't require a non-owner spouse to sign the deed unless a homestead declaration was recorded. A buyer's lender may still want the spouse on its loan documents.
The bottom line
If the name on title, the person signing, or their role doesn't line up, flag it when you write the contract and send title the documents on day one. Death certificates, Letters, POAs, decrees and trust or LLC paperwork are much easier to clear in week one than the day before closing.
Not sure how your seller should sign? Call me before you write the contract and we'll figure it out.
Frequently asked questions
Can the executor named in the will sign the listing agreement?
Not until a Colorado court appoints them as Personal Representative and issues Letters.
How do you sign with a power of attorney in Colorado?
Owner's name, then yours and your role, such as "Jane A. Smith, by John R. Smith, as Attorney-in-Fact." The POA has to be recorded.
How do I sign if my name changed after I bought the house?
Sign your current name followed by "formerly known as" and the name on title.
Does my spouse have to sign if they aren't on title?
Generally no in Colorado, unless a homestead declaration was recorded. A buyer's lender may have its own rules.
This article is general information about Colorado practice, not legal advice. Requirements vary by file and underwriter. Talk to a Colorado attorney about your specific situation.