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By David Pannell

David Pannell is the Managing Broker and founder of Cities Real Estate, a forward-thinking brokerage based in Fort Worth, Texas. A licensed Realtor since 2005 and a broker since 2010, David is known for his expertise in helping families sell homes quickly, especially those navigating the complexities of probate and inherited property.

We Don’t Just Sell Homes, We Settle Estates. Start with a casual chat to craft a plan as unique as your story. Book a Call

Have you ever wondered what happens to a power of attorney when someone dies? The answer can be crucial for anyone trying to manage estate matters. Unfortunately, the short answer is no, you cannot sell a property using a power of attorney once the person has passed away.

A power of attorney is only valid while the individual is alive. As soon as they pass away, that authority is null and void. So even if you were legally authorized yesterday, if the owner passes away, you are no longer authorized to sign on their behalf.

At this point, moving forward means entering probate.

You will need either a trust or a will that outlines the wishes of the deceased, or you will need proper documentation, such as a Lady Bird Deed, to transfer the title of the house to the person who will be making decisions regarding the property.

Most people, whether there is a will or not, will file for probate to determine who will serve as the executor, administrator, or independent administrator for the estate. If that’s you, the will will specify this, or you’ll need to prove why you should be appointed as the executor.

“Power of attorney ends the moment someone passes away.”

I have seen families waste several weeks, or even months, trying to obtain authorization. If they do sign a sales contract without proper approval or list a property, they risk having the sale halted until someone is authorized to make those decisions.

Handling property after someone’s death can be complex, but with the proper guidance and understanding of the probate process, you can avoid costly mistakes.

If you want to walk through what this means for your specific situation, my calendar link is below, and we can talk through your options together.

Book a free strategy call with me.

You can also contact me at (817) 797-9047 or david@citiesrealestate.com. I’m here to help.

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