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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 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.

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