The Short Answer

In Florida, a power of attorney generally does not give the agent ongoing authority to manage a person’s assets after the person dies. After death, control over most assets typically shifts to the personal representative (executor) appointed in the probate case, not the former agent under a power of attorney.

What Florida Law Says

Florida probate law places a decedent’s property (with important exceptions, such as protected homestead and certain non-probate transfers) under the authority of the estate’s personal representative for administration, payment of claims/expenses, and distribution. That is why, once someone dies, banks and other institutions usually require probate authority (or another legally recognized post-death authority) rather than a power of attorney.

The Statute

The primary law governing who controls a decedent’s assets during administration is Fla. Stat. § 733.608.

This statute establishes that, with limited exceptions, a decedent’s real and personal property in Florida is treated as assets in the hands of the personal representative for purposes such as paying claims and expenses and making distributions.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate administration and creditor issues are time-sensitive, and delays can create avoidable disputes or liability for the person handling funds.
• Burden of Proof: If someone used a power of attorney around the time of death, questions can arise about authority, notice to third parties, and whether transactions must be unwound or accounted for.
• Exceptions: Some assets may pass outside probate (beneficiary accounts, certain joint ownership, trust assets), and Florida’s protected homestead rules can limit what the personal representative can do with the home.

Trying to handle post-death asset management without proper authority can lead to frozen accounts, rejected transactions, family conflict, and potential personal liability. A Florida probate attorney can quickly identify what requires probate, who has legal authority right now, and how to reduce risk.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.