No one inherits a power of attorney when its maker dies. In Texas, a durable power of attorney ends at death. This is true with or without a will. The former agent cannot keep using that document to manage the estate. Texas law, §751.131 states this rule.
First, check what the person owned and how each asset passes. The estate may need someone to act for it. A court can appoint an administrator for that role. A named beneficiary may be able to claim some assets without an estate administration.
Who can act for the estate without a will?
When an estate needs administration and there is no will, a court can appoint an administrator. That person gathers estate assets, handles valid claims and follows the rules for paying out the estate. The appointment does not come from the old power of attorney.
A surviving spouse has priority over some other applicants, but must still qualify. Being the spouse, oldest child or former agent does not by itself give someone court authority. See the appointment priorities in §304.001.
The court must also find a need for administration. A death without a will does not mean every estate needs the same court process. Section 306.002 covers this requirement.
Can a beneficiary claim an asset directly?
Some assets have their own transfer rules. For example, a bank account may name a payable-on-death beneficiary. A life insurance policy may name a person who can file a claim. A valid transfer-on-death deed may pass a home outside probate.
Those rights come from the account, policy or deed. They do not come from a power of attorney. Ask each bank or provider what proof it needs. A death certificate alone may not be enough.
A joint account also needs review. The word “joint” does not by itself create a right of survivorship in Texas. The signed account agreement matters. See §113.151.
What should the former agent do first?
Keep the records from your work as agent. Do not sign new checks or transfer assets under the old power of attorney after you learn of the death. Take these steps:
- Get death certificates and look for a will or trust.
- List the person’s assets, debts and bills that need prompt attention.
- Gather deeds, account statements and beneficiary forms.
- Keep receipts and records of funds you handled before the death.
- Ask a lawyer who can act now and what proof that person will need.
Do not assume you must pay the person’s debts from your own funds. Do not divide estate assets before checking valid claims and who has the right to receive them.
How can the family choose the next step?
Bring the records to a Texas probate attorney. Depending on the facts, the path may involve an estate administration, a small estate affidavit or another transfer process. Each has its own limits.
Our guide to probate without a will in Texas explains the family and property facts to collect. You can also book a consultation to discuss who can act for this estate.