Losing a loved one is tough. It’s emotional, overwhelming, and on top of all the grieving, there are a million things to take care of – especially when it comes to their finances.
One of the questions that might come up is, “Can someone with power of attorney still cash a check after a person has passed away?”
The short answer is no, a POA cannot cash a check after death.
The power of attorney ends the moment the person passes away.
In this post, we’ll explain why a power of attorney can’t cash a check and answer some FAQs you might have.
What Happens To The Power Of Attorney Upon Death?
When someone passes away, the power of attorney (POA) they granted no longer applies. The authority the agent had to make decisions or handle their affairs ends right there.
In other words, the POA becomes void as soon as the person dies.
The person who had POA can no longer make decisions, sign documents, or manage any financial accounts.
At this point, what you’ll need is a different legal document, such as a probate or letter of administration, to step in and start dealing with the deceased person’s finances. These are what give someone the legal right to take over those responsibilities.
Also Read: Can POA Sign Checks?
Can A Power Of Attorney Cash A Check After Death?
No, a power of attorney can’t cash a check after someone dies. The POA ends as soon as the person passes away, so the agent no longer has the authority to handle their financial matters.
So, if you find a check written out to your loved one after they’re gone, the only way to deposit it or cash it is through the estate process.
The executor or administrator (who takes over managing the deceased person’s affairs) will have to take care of that check as part of settling the estate. This could mean opening an estate bank account to deposit checks and start paying any debts or distributing funds according to the will.
In other words, after death, everything goes through the probate process.
What Happens To The Decedent’s Financial Matters?
After someone passes away, their financial matters are handled by the executor or administrator of their estate. This person is usually named in the will, or if there’s no will, the court appoints someone to handle the estate, and the process gets a little more complicated.
The executor’s job is to take care of the deceased’s financial affairs, which includes:
- Gather all of the deceased’s assets (bank accounts, property, etc.).
- Pay off any outstanding debts or bills.
- Distribute the remaining assets to the beneficiaries.
In some cases, especially if there’s a lot to manage or if there’s a complicated estate, it might take some time to get everything in order.
Also Read: Does a power of attorney have to be recorded?
If someone passes without a will, the court usually has to decide how things should be handled, which can lead to delays.
Exceptions To Consider
It’s important to know that while a POA ends at death, there are a few exceptions when it comes to managing finances.
If you’re acting under a power of attorney and the person who passed away was involved in a joint account with you, you might still have some ability to access the account temporarily.
However, it doesn’t last forever, and things still need to go through probate eventually.
Here are a couple of key exceptions to think about:
Joint Accounts
If the deceased had a joint account with someone else, that joint account holder often has immediate access to the funds, even after death.
This doesn’t mean they have full control of the entire estate—just the joint account part.
Named Beneficiaries
Some financial products, like life insurance or retirement accounts, let people name beneficiaries who will receive the funds directly.
This bypasses the probate process, which can make things a lot easier and faster.
Also Read: Contesting the Probate Process
Bottom Line
A power of attorney cannot cash a check after death.
Once someone passes away, the POA becomes invalid, and all financial matters move into the hands of the executor or administrator of the estate.
So, if you find yourself dealing with your loved one’s finances after their death, it’s essential to understand how probate works and make sure you have the legal authority to handle things.
It can be a lot to juggle, but knowing the right steps will help make the process a little smoother.
FAQs
Can I Use The POA To Pay Funeral Expenses?
No, once someone has died, the POA is no longer valid. If there’s an urgent need to pay for funeral expenses, the family will often have to use personal funds or work with the estate to handle those costs later.
What Happens To Checks Written To A Deceased Person?
Checks written to a deceased person can’t be cashed or deposited into their personal account.
The checks should be deposited into the estate’s account, which is set up by the executor or administrator. From there, the estate’s funds will be managed according to the decedent’s wishes or court instructions.
How Can I Find Out If An Estate Is In Probate?
To find out if an estate is in probate, you can contact the probate court in the county where the deceased lived. Many courts offer online access to probate records, or you can visit in person.
Or the estate’s executor or administrator should have information on whether the estate is in probate.
Disclaimer: This material is intended for general information purposes only and does not constitute legal advice. Responses to inquiries, whether by email, telephone, or other means, do not constitute legal advice, nor do they create or imply the existence of an attorney-client relationship.