How to Get a Realtor Approved by Everyone Before Marketing a Property in Illinois

Short answer: Identify who has legal authority to hire a broker, gather written consent or documented authority from each decision-maker (co-owners, trustees, personal representatives, agents under power of attorney, guardians, etc.), confirm the authority is valid under Illinois rules, and get a signed listing agreement that names the authorized parties. If owners disagree, pursue mediation or a court process (for example, partition or probate court approval) before marketing.

Detailed Answer

This FAQ explains practical steps to make sure the chosen real estate agent (realtor) is approved by everyone with legal authority to decide about marketing and selling the property in Illinois. The goal is to avoid disputes that can block a sale, create liability for the broker, or lead to litigation.

1) Identify all people and entities with legal authority over the property

Start by confirming who has a legal interest or decision-making power. Typical examples:

All owners listed on the deed (joint tenants, tenants in common, etc.).
Trustees if the property is owned by a trust.
Personal representative or executor if the property is in probate.
Someone acting under a durable power of attorney who has explicit authority to sell real estate.
Guardians or conservators for owners under court guardianship.
Lenders with contractual sale restrictions (e.g., mortgage or lien holders) who must be satisfied at closing.

Why this matters

In Illinois, someone with ownership or legal authority must authorize a listing. A realtor who proceeds without required authorization risks being unable to close the transaction and can face claims from co-owners or other interested parties. If an owner disagrees, the dispute can force a court action (for example, partition under the Illinois Code of Civil Procedure) or require probate/court approval.

2) Collect and verify written authorization

Get written, signed authorization from each person or entity with authority before you list the property. Options include:

All owners sign the listing agreement. If multiple owners exist, have every owner sign, or have written proof that one owner is authorized to act on behalf of the others (see below).
If a trustee is acting, obtain a copy of the trust document showing trustee powers and the trustee’s signature block and proof of identification.
If a personal representative or executor acts for an estate, obtain letters of office or other court-issued documents that show appointment and authority (from the probate court).
If someone claims authority under a power of attorney (POA), obtain a certified copy of the POA and confirm it expressly authorizes real estate transactions. Verify the POA is valid and not revoked.
If a guardian or conservator is involved, obtain court orders authorizing sale or marketing.

Statutes and official resources to check

Relevant Illinois statutory frameworks include the Illinois Probate Act (for estate administration and court authority) and the law governing powers of attorney and guardianships. For official texts and statute lookup, use the Illinois General Assembly site: https://www.ilga.gov/legislation/ilcs/ilcs.asp. Specific topics to look up by statute number include:

Probate Act (see statutes under 755 ILCS 5/ for probate court powers and personal representative duties).
Illinois rules on powers of attorney and agent authority (search for Illinois Power of Attorney Act provisions).
Partition and civil procedure if co-owners cannot agree (see provisions in the Illinois Code of Civil Procedure, chapter on partition actions).

3) Confirm the realtor/licensed broker is properly authorized and understands who must sign

Before marketing, the broker should:

Confirm every required signer for the listing and eventual closing.
Obtain and keep copies of documents proving authority (deeds, trust pages, letters of office, POAs, court orders).
Disclose dual agency or other agency relationships as required by Illinois real estate licensing rules and obtain required written consents from all parties.
Confirm the broker’s license is current using the Illinois Department of Financial and Professional Regulation or the relevant licensing authority.

4) When special steps are required

Property in probate: The personal representative may need court approval to list or sell, or the sale may require notice to heirs or creditors. Consult the probate court rules and your attorney. (See probate resources at the Illinois courts site: https://www.illinoiscourts.gov.)
Trust-owned property: The trust document may require co-trustee signatures or court directions; confirm the trustee’s express power to sell and sign listing documents.
Power of attorney: Only agents with express authority for real estate transactions should sign; the POA must be current and not revoked.
Disagreeing co-owners: If co-owners will not sign, options include mediation, buyout negotiations, or filing a partition action in court to force sale or division.

5) Practical checklist for approval before marketing

Make a list of all owners and possible decision-makers.
Request and copy the deed, trust pages, letters of office, POA, and any court orders.
Confirm signatures required and who will sign the listing agreement.
Have each required person or authorized representative sign the listing agreement and any disclosure forms.
Broker to keep originals or certified copies of authority documents in the transaction file.
If any authority is unclear or contested, stop marketing and get legal guidance or court approval.

6) If a dispute arises

If owners disagree about the realtor or the sale, consider these steps:

Try negotiation or mediation — often less costly and faster than court.
Ask the broker to hold off marketing until written resolutions are signed or a clear authority is produced.
Consider filing a partition action if co-owners cannot agree; a court can order sale or division of proceeds.
If the property is in probate, petition the probate court for instructions or approval to market and sell.

Helpful Hints

Do not let a listing go live until every required signer or an authorized representative signs in writing. Verbal permission is risky and often insufficient.
Keep certified copies of trust pages, letters of office, and POAs. Brokers should keep these in the transaction file and present them at closing when requested.
Verify a power of attorney specifically grants real estate authority and that it is still effective. A general POA might be limited or revoked.
When a property is in probate, expect added notice requirements and potential court involvement; plan for longer timelines and possible court filings to authorize sales.
Check the broker’s license status and disciplinary history with Illinois licensing authorities before signing a listing agreement.
If you anticipate disagreements among owners, get an attorney involved early to draft clear authorization documents or propose buyout options to avoid costly court actions.
Document communications in writing. If someone says they will sign later, ask for written confirmation of intent and a firm date.
Consider using an escrow or listing hold if closing parties request time to resolve title issues before marketing resumes.

Where to look for more information

Official Illinois resources include the Illinois General Assembly statutory pages (https://www.ilga.gov/legislation/ilcs/ilcs.asp), the Illinois Courts site (https://www.illinoiscourts.gov), and the Illinois Department that handles real estate licensing (https://www.idfpr.com).

Final practical takeaway

Before you market a property in Illinois, confirm who must approve the realtor, obtain written, verifiable authority from each required party, and have a broker who will document and preserve those authorizations. If anything is unclear or contested, get legal advice or court approval before proceeding.

Disclaimer: This article explains general Illinois procedures and is for informational purposes only. It is not legal advice. For a binding opinion about your situation, consult a licensed Illinois attorney familiar with real estate, probate, or trust matters.