State estates law · Power of attorney acts
Wills, probate and power of attorney in the US
Who can act for you while you are alive, and what happens to your property after you die, are decided mostly by state law. A power of attorney lets someone you choose handle money or other matters for you, and it ends at death. A will says who inherits, and probate is the legal process that transfers property after a death. Start with the guide that matches what is happening to you.
Key points
- Power of attorney
- Signing rules differ: a notary or two witnesses in California, acknowledgment before an officer such as a notary in Texas, and two witnesses plus acknowledgment in Florida and New York.
- At death
- A power of attorney ends when the principal dies. After that, the estate is handled by the person named in the will or a personal representative the court appoints.
- Wills
- A will generally needs at least two witnesses in California, Texas, Florida and New York. In California and Texas, a will in the testator's own handwriting doesn't.
- Probate
- Probate is the legal process to transfer or inherit property after someone dies, and an estate may need it even if there was a will.
Guides in this area
- How toPower of attorney: what it is, the types, and how to make oneWhat a power of attorney (POA) is, durable, springing and medical POAs, how to sign one in CA, TX, FL and NY, the agent's duties, and when it ends.
- How toProbate: what it is, how it works, and when an estate can skip itWhat probate is, with or without a will, what an executor does, assets that skip probate, small-estate limits in CA, TX, FL and NY, costs and taxes.
- How toLast will and testament: how to make a valid will and change itHow to make a valid will in CA, TX, FL and NY: who can make one, witnesses, handwritten wills, self-proving affidavits, changes, and will vs living trust.
Short answers, with the law behind them
What is a power of attorney?
A written document that lets one person, the agent, make decisions or take actions for another, the principal. It can be broad or limited to specific tasks, and it can keep working after the principal loses capacity if it is durable. See Power of attorney. Texas State Law Library · Cal. Prob. Code §§ 4022, 4124 · Fla. Stat. § 709.2102
How do you make a power of attorney valid?
Follow your state's signing rules. California: dated, signed, and acknowledged before a notary or signed by two adult witnesses. Texas: signed and acknowledged before an officer such as a notary. Florida: signed by the principal and two witnesses and acknowledged before a notary. New York: signed, initialed and dated, acknowledged and witnessed by two people, and signed by the agent too. Cal. Prob. Code § 4121 · Tex. Est. Code § 751.0021 · Fla. Stat. § 709.2105 · N.Y. Gen. Oblig. Law § 5-1501B
Does a power of attorney end when the person dies?
Yes. In California, Texas, Florida and New York, a power of attorney ends when the principal dies, apart from narrow exceptions set by statute in California. The agent can no longer pay bills or manage property; the estate is handled by the person named in the will or a personal representative the court appoints. Cal. Prob. Code § 4152 · Tex. Est. Code § 751.131 · Fla. Stat. § 709.2109 · N.Y. Gen. Oblig. Law § 5-1511 · CFPB
Can an agent under a power of attorney manage Social Security or VA benefits?
Not with the power of attorney alone. The CFPB's guide for agents says an agent needs a separate appointment from the agency, for example as a representative payee or a VA fiduciary. For federal taxes, the IRS uses its own Form 2848. Consumer Financial Protection Bureau · U.S. Department of Veterans Affairs · IRS
What is probate?
The legal process to transfer or inherit property after the person who owned it has died. Depending on the amount and type of property, you may or may not need to go to court, and an estate may need probate even if there was a will. If it goes to court, a judge appoints a personal representative, often the person named in the will. See Probate. California Courts Self-Help Guide
What makes a will valid?
In general, a will must be in writing, signed by the person making it or by someone else in their presence and at their direction, and witnessed by at least two people. California and Texas also accept a will in the testator's own handwriting without witnesses, and in New York the testator must tell the witnesses that the document is their will. See Wills. Cal. Prob. Code §§ 6110, 6111 · Tex. Est. Code §§ 251.051, 251.052 · Fla. Stat. § 732.502 · N.Y. Est. Powers & Trusts Law § 3-2.1
Where to get help, for free
Other areas of US law
Official sources
- Texas State Law Library: Powers of Attorney guides.sll.texas.gov
- California Probate Code § 4121: when a power of attorney is legally sufficient leginfo.legislature.ca.gov
- California Probate Code § 4152: events that end an attorney-in-fact's authority leginfo.legislature.ca.gov
- Texas Estates Code, Chapter 751: durable powers of attorney tcss.legis.texas.gov
- Florida Statutes § 709.2105 (2026): execution of a power of attorney flsenate.gov
- Florida Statutes § 709.2109 (2026): termination of a power of attorney flsenate.gov
- New York General Obligations Law § 5-1501B: creation of a valid power of attorney nysenate.gov
- New York General Obligations Law § 5-1511: termination or revocation nysenate.gov
- California Probate Code § 6110: execution of a will leginfo.legislature.ca.gov
- Texas Estates Code, Chapter 251: who may make a will, and how it is signed and witnessed tcss.legis.texas.gov
- Florida Statutes § 732.502 (2026): execution of wills flsenate.gov
- New York Estates, Powers and Trusts Law § 3-2.1: execution and attestation of wills nysenate.gov
- California Courts Self-Help Guide: Guide to property after someone dies (probate) selfhelp.courts.ca.gov
- Consumer Financial Protection Bureau: Help for agents under a power of attorney (PDF) files.consumerfinance.gov
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.