Q: If I have a POA over all of my passing fathers assets including his house do I still need to petition for probate?
I have power of attorney for all of my dads assets but do I still need to petition for probate in order to access of all his bank accounts and to have his home changed into my name since he recently passed away?
A: Yes. A POA is no longer valid on the death of the principal. If the estate is less than $150,000, however, you may use a summary probate procedure under Probate Code Section 13100. Essentially, this is a declaration. If the estate is larger, and the decedent died with probate assets greater than $150,000, you must petition for letters.
Kenneth V Zichi agrees with this answer
A: A power of attorney, whether durable or otherwise, terminates on the death of the principal. The agent loses authority under the power of attorney at the moment of death. I agree with others that a California probate may be necessary for property with a situs it California, unless title to property is held in a probate avoidance way, such as in a trust, joint ownership of financial assets, joint tenancy, community property with right of survivorship, etc.
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