After death does a POA still have legal access to the deceased’s contracts or legal paperwork if there is no Will?

Asked on February 12, 2013 under Estate Planning, Texas


Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

POA dies upon death of maker of POA. You are no longer POA, and therefore cannot access contracts or legal paperwork of deceased. You will need to obain appointment as administrator of the estate of deceased.

Elena Eckert

Answered 7 years ago | Contributor

After the death of the principal, POA is no longer valid.  Therefore, POA cannot access any legal documents or perform any actions that he was allowed to do under the terms of the POA.  

What you need to do in order to gain access to the deceased's legal paperwork is to petition the probate court to appoint you as an administrator of the estate of deceased.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.