A closing can stall days before the date over one document. When the title company finds a problem with the power of attorney, the deed or the trust papers, and the parent can no longer sign, the fix gets slow and expensive. Check the paperwork before the home is listed, not after.
Before selling a parent's home in Wellington or Palm Beach County, families usually need to check six things: (1) a durable power of attorney that covers real estate, if the parent cannot sign; (2) a death certificate and probate papers if the parent has passed, because a power of attorney ends at death; (3) trust papers and proof of who the current trustee is, if the home is in a trust; (4) the recorded deed; (5) HOA papers, including the estoppel certificate; and (6) the homestead exemption if the parent has moved out. Under Florida law a power of attorney signed before Oct. 1, 2011 is still valid if it met the law at the time, but a title company can still ask questions about it. This is general information, not legal advice.
I'm Brian Wilder. In senior home sales across Wellington and Palm Beach County, document problems rarely show up at the start, when there is still time to fix them. They show up when the title company reviews the file near closing. If the parent has lost the capacity to sign by then, a new power of attorney is off the table and the family may need a court-appointed guardian. Here is what to check before you list, and why each item matters.
2 Death Certificate and Probate Documentation
- Certified death certificate
4 Property Deed Establishing Clear Title
- The legal description matches the property
- Property survey
- Roof or appliance warranties
- Recent utility bills
- Insurance information
- Property tax statements
- Medical records
- Assisted living contracts
- Tax returns
1. A durable power of attorney (if the parent cannot sign)
If your parent is in assisted living or memory care and cannot sign the contract and closing papers, the person acting for them usually needs a durable power of attorney that clearly covers real estate: selling, conveying or mortgaging real property.
- A power of attorney signed today must be signed by the principal in front of two witnesses and a notary under Florida law.
- A power of attorney signed before Oct. 1, 2011 is valid if it met Florida law when it was signed. Valid is not the same as easy to use: title companies and lenders often review older documents closely and may ask for an affidavit or more paperwork from the agent.
- A new document needs a parent who still has legal capacity. Have the title company or an attorney review the power of attorney early, while there is still time to update it.
- If there is no usable power of attorney, the family may need guardianship through the court, which takes time and legal fees.
2. Death certificate and probate papers
If your parent passes away before the sale, the authority to sell changes right away. Under Florida law a power of attorney ends when the principal dies, so it cannot be used to sell afterward. Unless the home was in a trust or passed another way outside probate, the estate usually goes through probate. Common documents:
- Certified death certificate
- Letters of Administration from the court naming the personal representative
- Court approval of the sale, when the will or the court requires it
Our Palm Beach County probate real estate guide (palmbeachcountyhomeforsale.com/palm-beach-county-probate-real-estate-guide) covers selling a home in probate step by step.
3. Trust papers
If the home is owned by a revocable living trust, the title company will want proof of who can act for the trust. Florida law lets the trustee provide a certification of trust instead of the full trust document. It states that the trust exists, who the current trustee is, the trustee's powers and how title is held.
A common surprise: the family believes the house went into the trust, but the deed recorded with the county never moved it there. Pull the recorded deed and compare it with the trust.
4. The recorded deed
The recorded deed shows who legally owns the home. Before listing, check that:
- The owner's name matches current ID
- No unexpected co-owner appears
- The legal description matches the property
Deed problems often trace back to old estate-planning steps, name changes or a spouse's death that was never handled on the title.
5. HOA papers and the estoppel certificate
Many Wellington communities have an HOA. Before closing, the association issues an estoppel certificate that shows the dues status and any amounts owed. Florida law requires the HOA to issue it within 10 business days of a request and limits what it can charge, so order it early.
6. Homestead exemption
If the home had a Florida homestead exemption and your parent has moved into assisted living, ask the Palm Beach County Property Appraiser how the move affects the exemption. It does not stop the sale, but it can change the tax figures at closing.
Helpful, but not required
- Property survey
- Roof or appliance warranties
- Recent utility bills and insurance information
- Property tax statements
Medical records, assisted living contracts and tax returns are not needed to sell, and a will matters only if probate is involved.
The lesson
Most of these problems are easy to fix when they are found early. A power of attorney can be updated while the parent still has capacity, the trustee can be confirmed, the deed can be corrected and the estoppel can be ordered ahead of time. For more, see our guide to legal documents for selling a parent's home in Florida (palmbeachcountyhomeforsale.com/legal-documents-needed-selling-parents-home-florida) and our estate planning issues guide (palmbeachcountyhomeforsale.com/estate-planning-issues-selling-parents-home). You can also browse homes in Wellington (palmbeachcountyhomeforsale.com/wellington).
This page is general information, not legal advice. Confirm your situation with a Florida attorney and your title company before you list.
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Sources: Florida Statutes 709.2105, 709.2106 and 709.2109 (power of attorney execution, validity and termination); 736.1017 (certification of trust); 720.30851 (HOA estoppel certificates); Palm Beach County Property Appraiser (homestead exemption).
Statutes checked October 27, 2026.
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Call or text Brian Wilder: 561-201-4717. Lucy Lopez: 561-285-8809. Keller Williams Realty.
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Frequently Asked Questions
Is a power of attorney signed before 2011 still good? +
Can I use my parent's power of attorney after they pass away? +
What if the house is in a trust? +
What happens if there is no usable power of attorney? +
How long does an HOA estoppel certificate take? +
Do I need my parent's will to sell the house? +
Wilder Real Estate Group at Keller Williams Realty
Brian Wilder 561-201-4717
Lucy Lopez 561-285-8809
Fifth-generation Palm Beach County resident, second-generation agent. 1,500+ homes sold. Investing in Palm Beach County real estate since 1996, licensed agent since 1998.
Email Brian@WilderREG.com
Sources: Flexmls (BeachesMLS) and the official city, county, school district and builder sources named in the text, checked on the dates shown (October 27, 2026). Figures current as of those dates. Double-check the listing you are interested in.