how do i get power of atty. for the estate of a person who left no will

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how do i get power of atty. for the estate of a person who left no will

He passed away unattended , with no will His children are trying to
arrange his affairs .They cannot do this without a power of atty.
.What steps do they need to take.Death certificate has yet to be made
availible to them .

Asked on April 30, 2019 under Estate Planning, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The term is not "power of attorney": a power of attorney can only be granted by a living person and ends when that person dies.
What they need is to be appointed as the "personal representative" or "administrator" of the estate (either term may be used), which is essentially the executor when there is no will. The probate court can appoint someone--typically a close family member--this role, to manage the estate; being the personal representative or administrator will give the person apointed the authority they need. 
They will need the death certificate to be appointed; once they have it, whomever among them wants this position/responsibility should contact the probate court's clerk's office for instructions on how to apply for it.


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