RESOURCES · SIGNATURE GUIDE

How to Sign

Contract and closing signature guide for Colorado sellers

Find your situation below. The Seller line on the contract and the signature at closing should match how title is held, plus the signer's role. Send the listed documents to your closer as soon as title is opened.

When the owner has died

Estate in probate (owner died, title in their name alone)

Contract Seller line

Estate of Jane A. Smith, Deceased, by John R. Smith, Personal Representative

Signature at closing

John R. Smith, as Personal Representative of the Estate of Jane A. Smith, Deceased

Send to title early

Certified Letters Testamentary or of Administration, recently certified; probate case number; the PR's attorney contact. Check the "personal representative's deed" box in Section 13 of the contract. The deed is prepared by the PR's attorney, not the title company. Note: the executor named in a will can't sign a listing or contract until the court appoints them.

Surviving joint tenant

Contract Seller line

Surviving owner only, e.g. John R. Smith

Signature at closing

John R. Smith

Send to title early

Certified death certificate of the deceased owner (to be recorded)

Beneficiary deed heir

Contract Seller line

Beneficiary's name, e.g. Mary L. Jones

Signature at closing

Mary L. Jones

Send to title early

Recording info for the beneficiary deed (must have been recorded before the owner died); certified death certificate

Someone signing for the owner

Power of attorney

Contract Seller line

Jane A. Smith, by John R. Smith, as Attorney-in-Fact

Signature at closing

Jane A. Smith, by John R. Smith, as Attorney-in-Fact

Send to title early

Original notarized POA that specifically allows selling real estate; title will record it. The owner must be living. A personal POA can't be used to sign for an LLC, trust or estate.

Trust

Contract Seller line

John R. Smith, Trustee of the Smith Family Trust dated May 1, 2015 (or the trust name, if title is vested in the trust)

Signature at closing

Same as the contract

Send to title early

Statement of Authority or trust certification naming the trustee(s) with power to sell

LLC or other company

Contract Seller line

ABC Properties, LLC, a Colorado limited liability company

Signature at closing

ABC Properties, LLC, by Jane A. Smith, Manager

Send to title early

Statement of Authority naming who can sign; operating agreement if title asks

Name changes, marriage and divorce

Name changed by marriage after buying

Contract Seller line

Jane A. Doe, formerly known as Jane A. Smith

Signature at closing

Jane A. Doe, f/k/a Jane A. Smith

Send to title early

Photo ID in current name; marriage certificate if title asks

Divorced and restored a former name

Contract Seller line

Jane A. Smith, formerly known as Jane A. Doe

Signature at closing

Jane A. Smith, f/k/a Jane A. Doe

Send to title early

Photo ID in current name; divorce decree showing the name restoration

Divorced, both still on title

Contract Seller line

Both owners as shown on title

Signature at closing

Both sign, unless the ex-spouse already deeded their interest

Send to title early

Final divorce decree; any deed between the spouses. Title usually wants a deed from the spouse giving up the house.

Divorce pending

Contract Seller line

Both spouses, if both are on title

Signature at closing

Both sign

Send to title early

Written consent of both, or a court order. Let title know the case is open.

Married, spouse not on title

Contract Seller line

Owner on title only

Signature at closing

Owner on title only

Send to title early

Nothing extra, unless a homestead declaration was recorded

Read the full articleEstates, power of attorney, trusts, LLCs, name changes and divorce — the complete walkthrough.

A clear next move

Not sure how your seller should sign? Call me before you write the contract.

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General information on Colorado practice, not legal advice. Every file and underwriter can have additional requirements.