Who Has Power of Attorney After Death If There Is No Will in Georgia?

A power of attorney (POA) is an important legal document that allows someone to make decisions for another person while they’re alive. But many people misunderstand how it works after death — especially when there’s no will in place. Let’s clear up the confusion about who has power of attorney after death in Georgia, and what really happens when someone dies intestate (without a will).

Power of Attorney Ends at Death

In Georgia, a power of attorney automatically terminates when the person who granted it (the “principal”) dies. At that moment, the person named as agent or attorney-in-fact loses all authority to make decisions, access accounts, or manage property.

Even if the agent was handling bills, selling property, or managing finances up until death, that power ends immediately. From that point forward, only the estate’s legal representative has authority over the deceased’s assets.

For a deeper look at Georgia’s POA rules, you can review the Georgia Power of Attorney Act.

What Happens If There Is No Will?

When someone dies without a will, they are said to have died intestate. This means the probate court steps in to appoint someone to manage the estate — typically called an administrator.

How the Process Works:

1. A family member or interested party petitions the probate court to be appointed as administrator.
2. The court issues Letters of Administration, granting that person legal authority to handle the deceased’s assets.
3. The administrator then has similar powers to those of an executor under a will — paying debts, collecting assets, and distributing property according to Georgia’s intestacy laws.

Until the court issues those Letters of Administration, no one — not even a former power of attorney — can legally act on behalf of the deceased.

Learn more about the probate process in our guide on Georgia probate administration.

Who Can Become the Administrator?

In Georgia, the probate court follows a priority list when appointing an administrator if there’s no will:

1. Surviving spouse
2. Adult children
3. Other heirs or family members
4. Creditors, if no family applies

If multiple people apply, the court decides who is best suited for the role based on relationships, competence, and the size or complexity of the estate.

Key Takeaways

• Power of Attorney ends at death.
• Only a court-appointed administrator has legal authority after death if there’s no will.
• No one can access accounts, sell property, or manage assets until probate court grants legal authority.
• Creating a valid will and estate plan ensures your chosen person has control immediately, avoiding confusion and family conflict.

If you’re dealing with a loved one’s estate without a will, our Georgia probate attorneys can help you petition for administration and guide you through the process efficiently.