Can I Sell a House With Power of Attorney in Missouri?
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This question usually comes from an adult child whose parent has moved to assisted living or memory care, with the house sitting empty and bills still arriving.
What the Document Needs
- Authority over real estate. A power of attorney with general powers under RSMo 404.710, or one that names real estate or this property.
- Durable wording if the owner can no longer make decisions. RSMo 404.705 sets out the language that keeps it in force after disability.
- A notarized signature, acknowledged the way a deed is.
Recording It
RSMo 442.360 says an instrument that gives power to convey real estate must be acknowledged and recorded like other real estate documents. In practice the title company records the power of attorney with the Recorder of Deeds for St. Louis County, St. Louis City or wherever the house is, along with the deed. Send a copy to the title company early so its underwriter can review it.
When It Will Not Work
- The owner has died. The estate route takes over. See selling an inherited house without probate and selling in probate.
- It is not durable and the owner has lost capacity. A guardianship or conservatorship through probate court may be needed.
- The agent is also the buyer. Expect extra questions from the title underwriter and get legal advice.
How We Handle These Sales
The agent signs for the owner at a St. Louis title company, and we set the closing around the move. Take what the family wants and leave the rest. See cleaning out the house.
Common Questions
Does a power of attorney have to be recorded to sell a house in Missouri?
Yes. RSMo 442.360 requires a power of attorney used to convey real estate to be acknowledged and recorded like other instruments affecting real estate.
Can I use my mom's power of attorney after she passes away?
No. Authority under a power of attorney ends at death. The house then passes through probate, a small estate affidavit or a beneficiary deed.