The Short Answer

Under Florida law, a financial power of attorney ends when the principal dies—so the agent cannot keep paying bills, selling property, or signing closing documents after death. After death, authority typically shifts to the personal representative (executor) of the estate, or to the heirs acting together if the property has already passed to them.

What Florida Law Says

A power of attorney is a lifetime tool. It can be very useful during incapacity, but it is not a substitute for probate administration after death. Once the principal dies, the agent’s authority stops, and transactions attempted under the POA can create title problems, bank refusals, and potential liability.

The Statute

The primary law governing this issue is Fla. Stat. § 709.2109.

This statute establishes that a power of attorney terminates when the principal dies, meaning the agent’s financial authority ends at death.

For selling real property that is part of a Florida probate estate, a key statute is Fla. Stat. § 733.613, which addresses when and how a personal representative may sell real property (including when court authorization/confirmation is required).

Important note about your question: You mentioned “jointly inherited North Carolina property.” Florida statutes govern Florida probate matters, but real estate is generally controlled by the law of the state where the property is located. So, if the land is in North Carolina, a Florida probate may not be enough by itself to transfer or sell that property, and an attorney will often need to coordinate with North Carolina requirements (commonly through an ancillary process or other NC-specific transfer steps).

If you want more background reading, see: Does a Power of Attorney Still Have Authority After Death in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying it to your specific situation is rarely simple—especially when heirs are trying to sell inherited real estate and there may be multiple states involved. Legal outcomes often depend on:

• Strict Authority Rules: Once death occurs, a POA is terminated by law (Fla. Stat. § 709.2109), so using it at a closing can derail a sale and cloud title.
• Who Has Signing Power: If the property is an estate asset, the personal representative’s ability to sell can depend on the will’s “power of sale” language and/or court authorization (Fla. Stat. § 733.613).
• Multiple Heirs / Disagreements: If heirs inherit undivided interests and don’t agree on a sale, the dispute can escalate into a partition-type court process during probate (Fla. Stat. § 733.814).

When there’s out-of-state real estate (North Carolina) plus Florida probate issues (POA termination, estate administration, deed authority), it’s easy to make a mistake that delays the sale, triggers litigation among heirs, or creates title defects that a buyer’s title company will not insure.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened probate attorney in Florida to review the POA, confirm who has authority to sign, and coordinate the right approach for selling inherited property (including when another state’s rules apply).

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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.