Short Answer

Before marketing real property in Missouri, confirm who legally owns the property, then obtain clear written authorization from each owner (or from the person who has the legal authority to act for them). That usually means a listing agreement signed by every co-owner, or written proof that a trustee, power of attorney, or personal representative has authority to hire a broker and market the property. If owners disagree, you may need mediation, a partition action, or court approval. This article explains common ownership situations, practical steps, and when to involve a court or lawyer.

Detailed answer — step-by-step guide under Missouri law

Use the following process to make sure the chosen realtor is approved by everyone and that marketing proceeds without legal problems.

1. Identify every legal owner and their authority to act

• Pull the current deed and title report. The deed shows the names and ownership form (joint tenants with right of survivorship, tenants in common, trust, etc.).
• Common ownership types and what approval looks like:
• Joint tenants or tenants in common: every named owner on the deed must sign a listing agreement unless one owner has an express written power of attorney authorizing the other to act.
• Trust-owned property: the trustee, per the trust document, signs the listing unless the trust requires beneficiary consent.
• Probate estate: the personal representative or executor signs, but may need court approval to sell if the will says so or if heirs object. Check the probate rules for the estate.
• Power of attorney (POA): a valid, durable POA that expressly grants authority to sell real property (or to engage real-estate brokers) allows the agent to sign, but confirm the POA remains effective and copies are verified.

2. Obtain written, signed authorization from each person who must approve

• Use a single listing agreement signed by every owner. Do not rely on oral approvals.
• If a signature is not practical, get a signed, notarized limited authorization that explicitly authorizes the named broker to market the property and sets commission instructions.
• If an owner uses a POA, attach a certified copy of the POA to the listing and include language in the listing acknowledging the agent’s authority.

3. Confirm the broker is legally licensed and follow Missouri broker rules

• Make sure the license status and agency disclosures comply with Missouri law. Missouri’s real estate licensing statutes are in Chapter 339 of the Missouri Revised Statutes: https://revisor.mo.gov/main/OneChapter.aspx?chapter=339
• Ask the broker to provide written confirmation of their license number and any required Missouri disclosures before signing.

4. Address mortgages, liens, HOA rules, and title matters before marketing

• Contact the lender if the property has a mortgage — a lender may require payoff statements or have conditions around sale and marketing.
• Review liens or judgments that could affect sale authority; clear title issues before listing if possible.
• Check homeowners’ association covenants for marketing or showing restrictions and required owner approvals.

5. If owners disagree, choose an appropriate resolution path

• Negotiate: often a written compromise (e.g., seller split of proceeds or temporary exclusive listing) resolves disputes.
• Mediation or arbitration: use alternative dispute resolution clauses if parties prefer a faster, less-costly route than court.
• Partition action: if co-owners cannot agree, any co-owner may file a partition action in Missouri court to force a sale or divide the property. Courts can order sale and direct how proceeds are divided.
• Probate/court approval: when property is in probate and heirs object, the personal representative may ask the probate court for authority to sell. Court supervision can confirm a broker and sale terms.

6. Keep evidence and document every approval

• Keep signed listing agreements, POA copies, trustee certificates, letters testamentary, and communications that show consent.
• Use tracked, dated delivery methods for documents (email with read receipts, certified mail) so you can prove who approved what and when.

7. When to consult a Missouri attorney

• If title or ownership is unclear; if co-owners disagree; if the property is in probate or trust and documents conflict; before entertaining a partition action; or if large liens or creditor claims exist, consult a Missouri attorney experienced in real property and probate.

Missouri’s statutes on real estate licensing and broker conduct are in Chapter 339 of the Missouri Revised Statutes (see link above). For probate and estate sales, review the probate provisions on the Missouri Revisor site or consult a probate attorney; the Revisor is the official source for Missouri law: https://revisor.mo.gov/

Helpful Hints

• Get everything in writing. A signed listing agreement from each owner avoids most disputes.
• Verify identity and authority. Ask for notarized documents or certified copies of POAs, trustee certificates, or letters testamentary.
• Confirm the broker’s license and disclosures under Missouri law before signing. See Chapter 339: https://revisor.mo.gov/main/OneChapter.aspx?chapter=339
• Order a title search early. It reveals hidden owners, liens, easements, and mortgages that affect who must approve marketing.
• Set a clear compensation term in the listing so owners agree up front on commission and marketing costs.
• If one owner refuses to sign, consider mediation quickly. Litigation (partition actions) is slow and costly.
• If property is in probate or trust, ask the fiduciary for written proof of their authority; if heirs object, get court guidance before marketing.
• Retain copies of all approvals and communications in a single folder to present to the broker and title company at closing.