Quick summary: Before a property is listed in Maryland, anyone who legally must approve the sale or sign the listing needs to give clear, written permission. That usually means all owners on title, any serving trustee or personal representative with authority, and anyone holding a recorded power that covers real estate. Follow a short, verifiable process to reduce disputes and to make marketing clean and effective.

Hypothetical to illustrate

Imagine a house titled in the names of two siblings as tenants in common while their elderly mother holds a life estate. The siblings want to hire a real estate agent and begin marketing. Who must agree? In this fact pattern both siblings (the co-owners) must sign the listing, and the agent should confirm the life estate holder’s rights and whether her consent or notice is required before marketing.

Detailed answer — step-by-step process

1) Identify everyone with legal authority or a recorded interest

Start with a title search or a copy of the deed. Identify all record owners (individuals, trustees, corporate owners), any life estate holders, and any co-owners. Check public records for recorded mortgages, liens, or recorded powers of attorney that specifically authorize or limit sale or listing.

2) Determine the decision-maker(s) under the governing documents

Different arrangements require different signers:

• If the property is owned jointly by multiple people (tenants in common), each co-owner who appears on title must sign the listing to convey full title to a buyer.
• If the property is owned as tenancy by the entirety (married couples in Maryland may hold title this way), both spouses must usually sign to sell or encumber the property.
• If the property is in a trust, check the trust instrument to see whether the trustee alone can sell, or whether a co-trustee or beneficiary consent is required.
• If the property is in probate, the personal representative (executor/administratrix) needs court authority before marketing and sale; the Register of Wills and circuit court handle probate procedures. See Maryland Courts probate information at https://www.mdcourts.gov/legalhelp/estate.
• If someone holds a durable power of attorney that expressly grants authority to list and sell, verify the document is valid and unrevoked and that it has been executed and, where required, recorded.

3) Get clear, written consent from every required signer before any marketing

Put consent in writing. The safest route is a single, signed listing agreement bearing the signatures of all owners or authorized signers. If some parties cannot sign the same document, gather separate signed, dated, and notarized consents that refer to the specific listing agent, listing price range, marketing methods, and who will receive proceeds.

4) Confirm agent licensing and agency disclosure

Work with a licensed Maryland real estate broker or agent. Confirm the broker is properly licensed with the Maryland Real Estate Commission and complete the required agency disclosure and client services agreement before marketing. See the Commission’s resources at https://www.dllr.state.md.us/license/mrec/.

5) Record or keep on file any necessary proof of authority

For agents and title companies, it’s helpful to keep copies of deeds, trust certificates, letters of administration or testamentary, recorded POAs, or court orders (for probate) in the transaction file. Where a POA is used, consider recording it if the title company asks.

6) Address third-party approvals early

Talk to title companies and lenders early. A mortgage holder does not usually have to approve a listing, but the lender’s payoff and lien information will affect closing. Condominium or homeowners association rules may require seller disclosure or board forms; consult the association’s governing documents and Maryland’s condominium statutes at the General Assembly site: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=rp (see the Real Property Article sections on condominiums and community associations).

7) Resolve disagreements before you market

If co-owners disagree on agent selection, marketing price, or sale terms, consider mediation, a written buyout agreement, or court relief. In some cases a partition action in Maryland courts forces sale when co-owners cannot agree.

8) Use escrow and clear instructions for proceeds

When listing proceeds and closing disbursements could be disputed, have all owners agree in writing about how proceeds will be divided and instruct the settlement agent or title company in writing. Title and escrow agents rely on recorded title and signed closing documents.

9) If you are unsure, get document-level verification from counsel

For complex ownership (trusts, estates, corporate ownership, guardianship), get a short attorney opinion or counsel letter confirming who may sign the listing and close the sale. This prevents rejected closings and marketing under disputed authority.

Common special situations in Maryland

• Trust-owned property: Only the trustee with powers in the trust instrument may list. If there are co-trustees, both might need to sign.
• Probate estate: The personal representative needs court authority to sell; marketing before appointment can be risky. See Maryland probate guidance at https://www.mdcourts.gov/legalhelp/estate.
• Power of attorney: Confirm the POA expressly grants authority over real property; confirm it has not been revoked; record if requested by title company.
• Condominium/HOA: Check bylaws for required seller disclosures, and for rental restrictions that could affect showing or marketing.

If someone refuses to approve the agent

Try negotiation or mediation first. If that fails, options include a buyout of the refusing owner’s share, a partition action (court-ordered sale or division), or asking the court (in probate or guardianship matters) to authorize a sale or appointment of an agent. A Maryland court can appoint a receiver or authorize a sale when necessary.

Practical checklist to take to your first meeting

1. Current deed showing owners’ names.
2. Copies of any trust documents, letters of administration/testamentary, or POAs.
3. A proposed listing agreement signed by the agent and a place for all owners to sign.
4. Written instructions for distribution of sale proceeds.
5. Contact info for the title company and lender(s).

Resources and statutes (Maryland)

• Maryland Real Estate Commission (licensing and agency rules): https://www.dllr.state.md.us/license/mrec/
• Maryland Courts — probate and estate administration guidance: https://www.mdcourts.gov/legalhelp/estate
• Maryland General Assembly — Real Property Article (statutory text covering condominiums, community associations, and other property law sections): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=rp

Helpful Hints

• Obtain a title search before signing a listing agreement so you know who appears on title.
• Always use written, dated, and notarized documents for authority to sell or list.
• Ask your title company what documentation they need to close before you start marketing.
• If one owner is hard to reach, document your effort to obtain consent — that helps show good faith.
• Confirm the agent’s license number and any brokerage disclosures up front.
• Keep communications among owners in writing (email or signed letters) to avoid misunderstandings.
• When in doubt about complex ownership, a brief attorney review costs less than a failed closing.