Legal Question in Personal Injury in Texas
No Will
If there is no will or power of attorney drawn up when a person dies, how does a family member go about getting a power of attorney over the deceased person estate?
3 Answers from Attorneys
Re: No Will
A power of attorney would die with the power grantor, so that is not what you want. In Texas, you can petition the probate court for Letters of Administration, which allows the administrator to step into the deceased's shoes, and do anything the deceased could do, such as obtain estate assets, pay estate liabilities, etc.
Re: No Will
If the estate is under $ 100K it may be done with a certifiedc copy of the death certificate and an affidavit. Over $ 100K it must go thru probate. Call me directly at (619) 222-3504.
Re: No Will
You're mixing terms. A power of attorney exists only for a living person. An administrator handles a decedent's estate. One would petition the probate court to be appointed as administrator of the estate. The most usual person is a son/daughter, parent, or sibling. If there are none, then a close friend. You can find the forms online at http://www.courtinfo.ca.gov/forms/ and pull-down the probate group.