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Closing · State comparisonPower of attorney at a real estate closing, by state: signing, recording and acceptance

When a buyer or seller signs through an agent, the power of attorney has to meet the state's execution rules, and some states add recording and acceptance rules. Florida requires two subscribing witnesses and a notary (Fla. Stat. §709.2105), Connecticut two witnesses (Conn. Gen. Stat. §1-350d), Washington a notary or two qualified witnesses who aren't related to the principal or agent (RCW 11.125.050), Delaware a notarial officer plus one disinterested adult witness (12 Del. C. §49A-105), and Pennsylvania a notary plus two adult witnesses, a signed notice and the agent's signed acknowledgment (20 Pa.C.S. §5601). Missouri requires a power to convey or affect real estate to be acknowledged and recorded like the deed (RSMo 442.360); Texas requires a durable power used for a recorded real estate instrument to be recorded within 30 days after that instrument is filed, and gives a title company 10 business days to request a certification or opinion and 7 business days after receiving it to accept (Tex. Est. Code §§751.151, 751.201); in Kansas recording is optional, but a recorded power is revoked only by a recorded revocation (K.S.A. 58-652(c)). South Carolina requires will formalities and, after the principal's incapacity, recording like a deed before the agent can act (S.C. Code §§62-8-105, 62-8-109). Maine and Iowa make notarization a requirement – in Iowa the agent can't be the notary – and Maine requires statutory notices in a durable power (18-C M.R.S. §5-905; Iowa Code §633B.105). Under the uniform act in Virginia, South Carolina, Maine, Iowa, Connecticut, Washington, Montana and Wyoming, and under Pennsylvania's own act, a person asked to accept an acknowledged power must accept it or request a certification, translation or opinion within seven business days, then accept within five business days after receiving it (Va. Code §64.2-1618; S.C. Code §62-8-120; 18-C M.R.S. §5-920; Iowa Code §633B.120; Conn. Gen. Stat. §1-350s; RCW 11.125.200; MCA 72-31-325; W.S. 3-9-120; 20 Pa.C.S. §5608.1). Alaska shortens that to five and three business days (AS 13.26.615(d)). Separately, a lender's investor rules can limit who may act as agent on the loan documents.

The states

  1. Texas (Estates Code §§751.151, 751.201)

    Recorded within 30 days after the deed or deed of trust is filed; requests within 10 business days, acceptance within 7 after.

  2. Florida (§709.2105)

    Two subscribing witnesses and a notary; an original may be required for recording.

  3. Missouri (RSMo 442.360)

    A power to convey real estate is acknowledged and recorded like a deed.

  4. South Carolina (§62-8-109)

    Will formalities; after incapacity the agent acts only once it's recorded like a deed; 7-business-day acceptance.

  5. Virginia (§64.2-1618)

    Notarized signature presumed genuine and recordable; 7-business-day acceptance.

  6. Maine (18-C §5-905)

    Not valid without a notary; durable powers need the statutory notices; 7-business-day acceptance.

  7. Iowa (§633B.105)

    Notarization required, not by the agent; 7-business-day acceptance; damages for wrongful refusal.

  8. Connecticut (§1-350d)

    Dated, signed and witnessed by two witnesses; 7-business-day acceptance.

  9. Washington (RCW 11.125.050)

    Notarized or two qualified, unrelated witnesses; 7-business-day acceptance.

  10. Montana (MCA 72-31-325)

    Notarized signature presumed genuine; 7-business-day acceptance.

  11. Kansas (K.S.A. 58-652)

    Notarized durable power; recording optional, but a recorded power needs a recorded revocation.

  12. Delaware (12 Del. C. §49A-105)

    Notary plus one disinterested adult witness; must accept an acknowledged power.

  13. Pennsylvania (20 Pa.C.S. §5601)

    Notary plus two adult witnesses, signed notice, agent's acknowledgment; 7-business-day acceptance.

  14. Alaska (AS 13.26.615)

    Valid when notarized; shorter acceptance clock: 5 business days, then 3.

  15. Wyoming (W.S. 3-9-120)

    Notarized signature presumed genuine; 7-business-day acceptance.

What the TC checks in any state

  • That the closing agent and the lender have the power of attorney early, not at the table.
  • The state's execution formalities – witnesses, notary, statutory notices.
  • Whether the power has to be recorded with the deed or mortgage.

Questions about powers of attorney at closing

Does a power of attorney have to be recorded to sell a house?

In Missouri a power to convey real estate is recorded like the deed (RSMo 442.360); in South Carolina it must be recorded before the agent acts after the principal's incapacity (§62-8-109(c)).

How long does a closing agent have to accept a power of attorney?

Under the uniform act in Virginia, South Carolina, Maine, Iowa, Connecticut, Washington and Montana: seven business days to accept or request more, then five business days after receiving it.

The state guides

Add a task in ClosingCode for the power of attorney review, with an owner and a due date.

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Sources: Tex. Est. Code §§751.0021, 751.151, 751.201–751.212; Fla. Stat. §§709.2105–709.2106; RSMo 442.360, 404.705; S.C. Code §§62-8-105–62-8-120; Va. Code §§64.2-1603–64.2-1618; 18-C M.R.S. §§5-905–5-920; Iowa Code §§633B.105–633B.120; Conn. Gen. Stat. §§1-350d–1-350s; RCW 11.125.050–11.125.200; MCA 72-31-305–72-31-325; K.S.A. 58-652, 58-658; 12 Del. C. §§49A-105–49A-120; 20 Pa.C.S. §§5601, 5608, 5608.1; AS 13.26.600, 13.26.615; W.S. 3-9-105–3-9-120 (official state sites, read for the linked guides).

General information, not legal advice. Each state links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.