Power of Attorney ends when someone dies. Learn why you still need probate in the UK, what happens to your authority as Attorney, and how to apply for probate or Letters of Administration.
If you’ve held Power of Attorney (POA) for someone, you might wonder if that means you can handle their estate after they pass away.
In short: yes, you still need probate.
Once a person dies, a Power of Attorney automatically ends, and legal authority passes to the Executor (if there’s a Will) or Administrator (if there isn’t).
A Power of Attorney — often a Lasting Power of Attorney (LPA) in England and Wales — allows an appointed person (the Attorney) to make financial, property, or health decisions on behalf of another (the Donor) while the Donor is alive.
However, POA has no legal effect after death. Once the Donor passes away, the Attorney can no longer access bank accounts, property, or financial assets. Only an Executor or Administrator can legally act from that point.
Probate is the legal process that allows someone to manage a deceased person’s estate — collecting assets, paying debts, and distributing inheritances.
Even if you were the Attorney, you’ll generally need to apply for probate if the deceased owned:
Property or land in their sole name
Bank accounts or savings not jointly held
Investments or policies requiring legal authority to transfer
Without probate (or Letters of Administration if there’s no Will), banks and institutions cannot release funds or property.
Yes — but only if the Will names you as one.
If you were an Attorney and the Will appoints you as Executor, your role changes after death: you stop acting under the POA and start acting as the Executor through probate.
If you’re not named as Executor, you’ll have no automatic right to manage the estate and should check who has been appointed.
Register the person’s death and obtain the death certificate.
Check whether you’re named as Executor in the Will.
If you are, apply for a Grant of Probate.
If there’s no Will, apply for Letters of Administration.
Gather details of assets, debts, and liabilities (bank accounts, property deeds, insurance policies, etc.).
Follow your legal duties as a Personal Representative to administer the estate properly.
It’s a common misconception that Power of Attorney continues after death.
In reality, the POA ends the moment the person dies. From then on, you’ll need a Grant of Probate or Letters of Administration to handle their affairs legally — including closing bank accounts, selling property, or distributing inheritance.