Who has the power of attorney if there is no will? How can an estate planning lawyer help a person in this case?

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Who has the power of attorney if there is no will? How can an estate planning lawyer help a person in this case?

What happens in the absence of a will?

Even if your loved one hadn’t left a will, their assets still need to pass through the probate procedure to transfer ownership properly. The Probate Code will dictate how a power of attorney will distribute property to heirs. This is the most significant difference between the probate process when there is a will and the probate process when there is not. The terms of your loved ones would allocate the property will if they had one. The word “executor” derives from this. If your loved one had died with the wheel, you would have fulfilled their wish.

Because of this, the court will name you as the administrator to manage their estate if your beloved one passes away without leaving a will. If the probate court decides to designate you as an administrator, you must apply for the position. However, if your loved one passes away without a spouse or if your father/mother and other siblings agree to name you as administrator, it will be a simple option to make. In addition to discussing the creation of a will with your loved ones before they go to heaven, it will be advisable to consult with your father/mother and siblings as soon as possible about who should serve as their administrator should they go away without having a will created. 

Whether or not your loved one leaves a will, the probate court must nonetheless give you or another person who might have also been the person with power of attorney powers permission and authority to act on that deceased person’s estate. If you are later named as the estate’s executor or administrator, he would still be authorized to act on your behalf. This is because you had power of attorney. At least until ownership rights are given to another person, this is true.

What happens to a power of attorney upon a loved one’s passing?

The power of attorney document is essentially useless when your loved one dies. It does not serve any purpose and does not give you or anyone else the right to speak or act on behalf of your departed loved one. In addition, because your loved one can no longer manage the property, you cannot address any issues relating to the property. This is because they are no longer able to possess any property. 

Remember that power of attorney may grant you some authority to make crucial financial decisions for your loved one. However, they would no longer be able to possess the assets or funds that a power of attorney gave them control over. Your loved one’s estate would then own the assets. In light of this, only the executor or administrator of a state or will would have the authority to handle these matters during the probate process. 

Finally, most banks and other financial organizations will freeze deceased accounts when notified of their passing. Until an administrator or executor contacts them after the probate process has started, this freeze will be in effect. You would inform that your power of attorney was no longer valid if you attempted to use it in any way. This was because your loved one was still living.

Are there any exceptions to the rule that a person’s death invalidates a power of attorney?

Knowing that very modest estates usually do not need to go through the probate process may be helpful. Your loved one might have planned ahead as an alternative to a will. They used a living trust as their estate-planning tool.

A living trust would avoid needing you to go through the probate process. In addition, any trustee would be qualified to manage your loved one’s affairs, sparing you the time, expense, and trouble of enduring the probate procedure. In either case, a power of attorney would no longer be applicable with your name included as an agent.


As you can see, intestate succession and probate lawyers have many aspects. I would first say that having a will is the right and easiest thing you can do. This is because you can worry about how everything would work if you passed away without one. In addition, the fact that you will already be departed will make life much simpler for your friends and family.

They won’t have to worry as much about who gets what. And how to handle your affairs, allowing them to grieve your loss correctly. Even with a will, some of your possessions might still need to go through the probate process. Hence, it has been advised that you have professional estate planning and probate counsel in this situation.

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