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How to Get Power of Attorney After Death in Texas: What You Really Need Is This Instead

When a loved one passes away, their financial, legal, and healthcare decisions come to a halt—often with lingering questions for surviving family members.

One question we hear frequently at The Lange Firm is:
“How do I get power of attorney after death?”

And the honest answer is:
You can’t.

Power of attorney ends when the person who granted it dies. But don’t worry—there are other legal tools that give you the authority you need to handle their affairs. This blog explains what happens to power of attorney after death, what steps you need to take instead, and how to smoothly transition into the role of estate manager or executor in Texas.

What Is Power of Attorney?

A power of attorney (POA) is a legal document where someone (the “principal”) gives another person (the “agent”) the authority to act on their behalf. Common types include:

• Financial POA – Manage bank accounts, property, taxes, etc.

• Medical POA – Make healthcare decisions when the person is incapacitated

• Durable POA – Continues if the principal becomes mentally incapable

• Limited POA – Used for specific, short-term purposes

These powers can be extremely useful during life—but they have a very clear limit.

What Happens to Power of Attorney After Death?

Once the principal dies, the power of attorney immediately ends. This means:

• You cannot continue to manage their accounts

• You cannot sell or transfer their property

• You cannot make healthcare decisions

• The POA document is no longer valid

Texas law (like all U.S. states) recognizes that once a person dies, only the probate court can appoint someone to manage the estate.

Why You Can’t Get Power of Attorney After Death

Many people confuse the role of executor with power of attorney, but these are entirely separate legal authorities.

• A power of attorney is effective during someone’s lifetime.

• An executor is appointed after someone dies, either by will or by the court.

If someone dies without giving you power of attorney before death, you cannot retroactively obtain one. But you can petition the court to become:

• Executor (if there’s a will)

• Administrator (if there’s no will)

📌 If you’re asking how to get power of attorney after death, what you really need is letters testamentary or letters of administration.

Who Handles the Estate After Death?

The following roles replace the authority of a POA after death:

Each of these roles has specific duties and requires proper authority granted by the probate court or financial institutions.

What You Actually Need Instead of POA

Instead of power of attorney, you’ll need:

✅ 1. Letters Testamentary

These are official court documents that name you as the executor of someone’s will. They allow you to:

• Access bank accounts

• Pay debts

• File taxes

• Transfer property

• Distribute assets to heirs

✅ 2. Letters of Administration

If the person died without a will, you’ll apply to become administrator instead. This gives similar powers as an executor but follows Texas’s intestate succession laws.

📌 The Lange Firm helps clients obtain both of these quickly and efficiently.

How to Become Executor or Administrator in Texas

Here are the basic steps:

1. Locate the original will (if one exists)

2. File an application for probate in the county where the decedent lived

3. Attend a probate hearing

4. Get court approval and receive letters testamentary or administration

5. Take an oath and possibly post a bond

Once appointed, you have full legal authority to manage the estate.

What If There Is No Will?

If there’s no will, power of attorney still ends at death—but the estate must be handled through intestate probate. The court will appoint:

• A spouse, adult child, or parent to be administrator

• Distribute assets under Texas Estates Code intestacy laws

You cannot simply “take over” someone’s affairs without going through probate—even if you were their caregiver or had POA during life.

Probate vs. Non-Probate Assets

Not everything requires probate. Assets that transfer outside of probate include:

• Joint bank accounts with right of survivorship

• Life insurance with named beneficiaries

• Retirement accounts (401k, IRA) with designations

• Payable-on-death (POD) accounts

• Transfer-on-death (TOD) deeds

• Trust assets

Power of attorney has no role in these transfers after death—but The Lange Firm can help ensure they are processed properly.

What You Can and Can’t Do Without Court Authority

Here’s a breakdown of actions that require formal court approval:

Trying to act without court authority can expose you to legal liability.

How The Lange Firm Helps Families Navigate This Transition

At The Lange Firm, we help clients across Texas:

• Understand the limits of power of attorney

• File for probate and obtain legal authority

• Avoid delays in estate administration

• Protect against family disputes

• Manage complex estates with real estate, debt, or business interests

Whether your loved one died with or without a will, we’ll guide you through the next steps with professionalism and compassion.

📞 Contact us today to learn what legal role you should apply for and how we can help.

Final Thoughts

If you’re wondering how to get power of attorney after death, remember:

✅ Power of attorney ends when the person dies
✅ You must go through probate to manage their estate
✅ You’ll need to be appointed executor or administrator
✅ The Lange Firm can guide you every step of the way

Don’t risk legal missteps or delays—let us help you secure the right authority to carry out your loved one’s final wishes.