Detailed Answer

This guide explains step-by-step how to get everyone who has legal authority over a Michigan property to approve a chosen real estate agent before you begin marketing. It assumes readers start with little or no knowledge of real estate or estate processes. This is general information only and is not legal advice.

Step 1 — Identify who must approve

Start by determining who legally controls the property. Typical decision‑makers include:

All co‑owners on the deed (tenants in common, joint tenants).
The trustee if the property is in a trust.
The personal representative (executor) if the estate is in probate.
An appointed guardian or conservator for an incapacitated owner.
Someone acting under a valid durable power of attorney that specifically authorizes real property transactions.
A homeowners association or condo board if its rules limit marketing or listings.

Collect copies of the deed, trust instrument, letters of authority from probate, any recorded power of attorney, and HOA/condo bylaws so you can confirm who has authority.

Step 2 — Verify legal authority and any limits

Read the governing documents you collected. Key items to check:

Does the trust document give the trustee power to sell or to hire realtors?
Does the will or probate appointment require court approval before listing or sale?
Does a power of attorney expressly authorize marketing or signing listing agreements?
Are there co‑owner agreements or buy‑sell provisions requiring unanimous consent or a specific process?

If the paperwork is ambiguous, consider asking an attorney to issue a short written opinion about who must sign to authorize the listing.

Step 3 — Communicate early and in writing

Send a clear written message (email or letter) to every person or office with authority. State the proposed realtor, provide the agent’s profile and sample listing agreement, and ask for written approval or objections by a specific deadline. Keep copies of all responses.

Step 4 — Use a written, signed listing agreement that names the parties

A properly drafted listing agreement should:

Name all sellers, trustees, or personal representatives who are signing.
Show the broker’s license and business name (verify the license through Michigan licensing authorities).
Specify marketing methods, commission, duration, and termination rights.
Include an express authorization to market the property once all listed parties sign.

Require original signatures from each person with authority or their legally effective deputy (e.g., attorney‑in‑fact under a recorded POA, or an attorney representing the estate). If someone must sign but cannot be present, a notarized signature or electronic signature may be acceptable depending on the document and the parties’ agreement.

Step 5 — When one or more people won’t agree

If a co‑owner or fiduciary refuses to approve the chosen realtor:

Try to negotiate: propose neutral compromises (dual agency disclosures, limited marketing, or using a different broker acceptable to everyone).
Consider mediation to resolve disputes without court.
If negotiation fails and you need to sell, Michigan courts can resolve property disputes (for example partition actions, or asking a probate court for approval of a proposed listing/sale). See the Michigan Legislature and Michigan Courts sites for court processes and forms.

Step 6 — Special situations

Estate or probate property: If the property is in probate, the personal representative may need court permission to sell or to enter into a listing agreement. Check the estate’s letters of authority and Michigan probate rules; when required, prepare a petition for the probate court. For information about Michigan probate procedures and forms, see the Michigan Courts website: https://courts.michigan.gov/.

Trust property: Confirm the trustee’s powers in the trust document. Trustees generally must follow fiduciary duties (act in beneficiaries’ best interests) when hiring an agent.

Step 7 — Verify the realtor and document the approval

Before signing, verify the real estate broker’s and licensee’s standing through Michigan licensing (Department of Licensing and Regulatory Affairs): https://www.michigan.gov/lara. Request these items from the broker:

Current Michigan broker license and broker office name.
References and prior listings/sales in the area.
Written marketing plan and disclosure forms you will use.

When everyone signs, keep a signed packet (listing agreement and any approvals or waivers) and circulate executed copies to all approving parties. That creates a clear record that everyone authorized the marketing.

Step 8 — When to hire an attorney

Hire a Michigan real property or probate attorney if:

Authority to list is unclear or disputed.
One owner is incapacitated or unreachable.
The property is in probate and the estate’s paperwork suggests court approval may be required.
There is disagreement about listing terms or commissions that stalls marketing.

Quick checklist of documents to gather

Deed(s) showing current owners.
Trust document (if applicable).
Will and letters of authority (probate) or court order appointing a guardian/conservator.
Recorded power of attorney (if used).
Any co‑ownership agreements or HOA rules.
Draft listing agreement and broker license info.

Resources and where to check Michigan law

For statutes and more detailed legal provisions, use the Michigan Legislature site to look up relevant statutes, and Michigan Courts for probate forms and local court rules:

Michigan Legislature: https://www.legislature.mi.gov/
Michigan Courts: https://courts.michigan.gov/
Michigan Department of Licensing and Regulatory Affairs (real estate licensing): https://www.michigan.gov/lara

Important note

This summary provides practical steps and pointers. It is not a substitute for legal advice. For concrete decisions—especially when probate, trusts, incapacity, or dispute are involved—consult a Michigan attorney who can review your documents and the full facts.

Helpful Hints

Get everything in writing: verbal approvals are risky when multiple owners are involved.
Set a clear deadline for approvals and explain that lack of timely objection will be treated as approval if parties consent to that procedure in writing.
Require the broker to provide written marketing plans and regular status updates so co‑owners feel informed.
If one owner wants a different realtor, consider a neutral lawyer‑recommended broker or jointly interview 2–3 agents to reach consensus.
Record and keep notarized copies of any power of attorney or guardianship papers used to sign for an absent or incapacitated owner.
When probate is involved, confirm with the court clerk whether a formal petition is needed before marketing.
If negotiations break down, a partition action or court petition can force a sale — but that path is slower and costlier than voluntary agreement.

Disclaimer: This article is informational only and does not constitute legal advice. For advice about your specific situation under Michigan law, consult a licensed Michigan attorney.