Does a property have to go through probate if the heir has Power of Attorney?

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Does a property have to go through probate if the heir has Power of Attorney?

There is no will. The daughter has power of attorney. The mother has passed and
had a reverse mortgage so time is of the essence for them.

Asked on June 17, 2019 under Estate Planning, Colorado

Answers:

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

Answered 2 years ago | Contributor

A POA terminates upon the death of the grantor. Even still, an estate needs to be probated Unless it is a "small estate" in which case more simplified procedures an apply. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it would have to go through probate because the power of attorney (POA) is no longer valid. A power of attorney ceases when the principal (the person granting it) passes away: only living people can have powers of attorney, and a POA conveys no power or authority over a deceased's assets. The POA is no longer relevant.


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