What do I need to handle someone’s affairs when they pass?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What do I need to handle someone’s affairs when they pass?

A durable power of attorney?

Asked on November 26, 2018 under Estate Planning, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, a power of attorney termiates upon the death of the principal, so that will serve no purpose here. If they have a Will, then the person named as executor will be in charge of adminstering estate matters. If they die without a Will, then you can go to the probate court in the county in which the deceased was dominciled as the time of their death and asked to be appointed as the personal representative of the estate (this is the same role as an executor would serve if there was a Will). 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You will need to be designated the executor in the person's Will to handle affairs after death.  If the person dies intestate, which means without a Will, you can petition the court to be named executor of the decedent's estate.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption