If a power of attorney was granted before the death of the decedent, is the probate process necessary?
The authority granted in a power of attorney ends the minute that the person who signed the power of attorney dies. The person named as attorney-of-fact in the power of attorney must immediately stop using the power of attorney or will be subject to potential personal liability. If the decedent owned assets in his/her sole name, an estate proceeding must be opened to collect and distribute those assets.