Before proceeding, please review the  legal disclaimer.

Can a Power of Attorney Cash a Check After Death?

When a loved one passes away, there are countless financial and legal questions that arise for families in Texas. One common question is: Can a power of attorney cash a check after death? This issue often comes up when a check arrives after the individual’s passing—whether it’s a tax refund, a pension payment, or a final paycheck. Families may also wonder about cashing a check after the estate is closed, which adds another layer of complexity.

For residents of Sugar Land and throughout Texas, The Lange Firm—led by experienced probate attorney Evan Lange—offers guidance on navigating these difficult situations. In this blog, we’ll explore the role of power of attorney, the legal changes that occur at death, and what happens when a check needs to be cashed after someone has passed away.

Can a Power of Attorney Cash a Check After Death in Texas?

What Happens to a Power of Attorney When Someone Dies?

The first and most important fact to understand is that a power of attorney (POA) automatically expires upon the death of the individual who granted it (the principal). In Texas—and across the United States—a power of attorney is only valid during the lifetime of the principal. This means the authority to act on their behalf ends immediately when they die.

That means, legally speaking, the answer to can a power of attorney cash a check after death is a clear no. Even if the check is payable to the deceased, and even if the check is received after death, the power of attorney holder no longer has any authority to deposit or cash it.

Cashing a Check After Estate is Closed in Texas

What If the Check Arrives After Probate is Finalized?

Another scenario that often causes confusion is cashing a check after the estate is closed. This can happen if a delayed payment—like a state tax refund or an unclaimed property payout—arrives long after the probate process has ended.

Once an estate is formally closed, the authority of the executor (or administrator) typically ends as well. If a check arrives after that point, the process for cashing it becomes much more complicated. In some cases, the estate may need to be reopened, or the check may need to be reissued to the rightful heirs or beneficiaries.

Why Can’t a Power of Attorney Cash a Check After Death?

Understanding the Limits of Power of Attorney

To understand why the answer to can a power of attorney cash a check after death is always no, it helps to clarify what a power of attorney does—and doesn’t—do.

• A power of attorney gives someone (the agent) the ability to act on behalf of a living person (the principal).
• Once the principal dies, all financial authority shifts to the executor or administrator of the estate—not the power of attorney.
• Banks and other financial institutions are legally bound to refuse transactions made under a power of attorney after the principal’s death.

Cashing a Check After Estate is Closed: Can the Executor Still Act?

Closure Doesn’t Always Mean Finality

Even though probate is technically closed, that doesn’t always mean the estate is permanently inactive. If assets like unclaimed checks or unknown property emerge after closing, Texas law allows for limited reopening of the estate to handle those assets.

However, cashing a check after the estate is closed is not something the executor can automatically do without following formal steps. These typically include:

• Filing paperwork with the probate court.
• Notifying heirs or beneficiaries.
• Possibly reappointing the executor or administrator for the limited purpose of handling the asset.

Can a Power of Attorney Cash a Check After Death if the Check is Dated Before Death?

Date of Check vs. Date of Death

What if the check itself was issued before the principal passed away—but wasn’t received until after? Unfortunately, even in this case, the power of attorney’s authority still ends at the moment of death.

This is because Texas law treats all powers of attorney as fully terminated upon death, regardless of when the transaction originated. After death, only the executor (once appointed) can handle the deceased’s financial matters, including cashing checks.

Cashing a Check After Estate is Closed: What If the Check is Small?

Handling Small or Minor Assets Post-Probate

In Texas, small estate procedures may allow for a more informal process if the check represents a small amount of money. Depending on the check’s value, heirs may be able to claim the funds through an Affidavit of Heirship or Small Estate Affidavit, avoiding the need to formally reopen the estate.

What If There Was No Probate? Can a Power of Attorney Cash a Check After Death in That Case?

No Probate, No Power of Attorney

Even if the estate was never probated, the power of attorney still expires at death. No exceptions exist for estates that skip probate entirely. In these cases, the legal heirs must usually follow small estate or affidavit processes to claim assets like uncashed checks.

Cashing a Check After Estate is Closed: Special Cases Involving Trusts

Checks Payable to a Trust vs. an Individual

If the deceased had a revocable living trust that became irrevocable at death, and the check is payable to the trust, things may work differently. In these cases, the trustee (not the power of attorney) would handle the check. Trustees retain authority after death, while powers of attorney do not.

Can a Power of Attorney Cash a Check After Death From Social Security?

Government Checks and Post-Death Payments

Checks from Social Security or other government agencies follow strict rules. If a Social Security check arrives after death, the funds must typically be returned—not cashed. The surviving spouse or eligible family members may need to apply for benefits directly instead.

Cashing a Check After Estate is Closed: What if No Heirs Are Found?

Unclaimed Funds and Escheatment

In some cases, checks issued after probate may go uncashed because no one knows who the rightful recipient is. When this happens, the funds may be turned over to the Texas Comptroller as unclaimed property, where heirs can claim them later.

Conclusion

For families in Sugar Land and across Texas, questions like can a power of attorney cash a check after death and cashing a check after estate is closed can cause considerable confusion. Understanding that powers of attorney expire at death, and that executors or heirs must handle post-death assets, is essential.

At The Lange Firm, led by probate attorney Evan Lange, we help families navigate these complex financial and legal processes with clarity and confidence. While this blog does not provide legal advice, it can serve as a helpful guide to understanding what to expect—and when to seek professional assistance.