Jan142026
Probate Q&A Series

Can a sibling give someone power of attorney to control a deceased parent’s property, or is power of attorney no longer valid after death? – North Carolina

Short Answer

In North Carolina, a power of attorney generally stops working when the person who signed it (the “principal”) dies. After death, a sibling cannot use a power of attorney to control a deceased parent’s property, and a sibling also cannot create a power of attorney on behalf of the deceased parent. Control of probate property usually shifts to the court-appointed personal representative (executor or administrator) through the Clerk of Superior Court.

Understanding the Problem

Under North Carolina probate law, the key question is whether a sibling can use a “power of attorney” to take over a deceased parent’s property during estate administration, especially when family members are estranged and paperwork is being circulated. The decision point is whether the parent is living (so a parent could sign a valid power of attorney) or has already died (so estate authority must come from the Clerk of Superior Court through an estate appointment). Timing matters because death changes who has legal authority to act for the parent.

Apply the Law

In North Carolina, a power of attorney is an agency relationship: the agent’s authority comes from the principal. When the principal dies, the agent’s authority generally ends, and the estate must be handled by a personal representative appointed by the Clerk of Superior Court (often called “qualifying” as executor under a will or as administrator if there is no will). In limited situations, North Carolina law can protect third parties who relied in good faith on a power of attorney without actual knowledge of the death, but that does not turn a power of attorney into a substitute for probate authority.

Key Requirements

  • Valid authority must come from the right person: Only the parent (while alive and competent) can sign a power of attorney for the parent’s property. A sibling cannot sign a power of attorney “for” a deceased parent.
  • Death changes the legal authority: After the parent’s death, the person with authority over probate assets is typically the court-appointed personal representative, not an agent under a power of attorney.
  • Estate authority is proven with court letters: Banks, buyers, and others usually look for Letters Testamentary or Letters of Administration issued through the Clerk of Superior Court, not a power of attorney, to confirm who can act for the estate.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the parent is deceased in the scenario, a sibling cannot create a new power of attorney to control the parent’s property, and any prior financial power of attorney signed by the parent generally no longer authorizes action after death. The document concern (blank fields that could be filled in later) is a separate signing-risk issue: signing an incomplete or unclear document can create disputes about what was authorized and who authorized it. In a North Carolina estate administration, authority over probate property should be shown through the Clerk of Superior Court’s appointment of a personal representative, not through a power of attorney circulated among relatives.

Process & Timing

  1. Who files: The person seeking authority to handle the estate (often the named executor in a will, or an heir if there is no will). Where: The Clerk of Superior Court in the county where the parent lived at death. What: An estate application to qualify and receive Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). When: As soon as practical after death, especially if bills, property security, or deadlines are pending.
  2. Clerk issues authority: After qualification, the Clerk issues letters showing who can act for the estate. Third parties (like banks) typically rely on those letters to allow access, transfers, or account changes.
  3. Administration steps: The personal representative gathers assets, pays valid debts and expenses, and then distributes remaining property to the rightful heirs or beneficiaries under North Carolina law and any valid will.

Exceptions & Pitfalls

  • Good-faith reliance after death: North Carolina law can protect certain actions taken under a written power of attorney after death if the agent had no actual knowledge or notice of the death and acted in good faith, but that is not the same as giving ongoing authority to run the estate. See N.C. Gen. Stat. § 143B-1270.
  • Health care vs. property authority: A health care power of attorney is different from a financial/property power of attorney. Limited post-death authority can exist for specific health-related decisions, but it does not authorize control of the deceased person’s property. See N.C. Gen. Stat. § 32A-20.
  • Signing documents with blanks: Signing a document with blank fields (names, powers granted, dates, property descriptions) can create serious disputes about what was agreed to. If a signature is needed for a probate step, it should match a specific, complete document and a clear purpose (for example, a receipt, waiver, or consent tied to a filed estate proceeding).
  • Confusing “family permission” with legal authority: Even unanimous family agreement does not replace the need for proper estate authority when probate assets are involved. Many institutions will not act without court letters.

Conclusion

In North Carolina, a power of attorney generally ends when the parent dies, and a sibling cannot create a power of attorney to control a deceased parent’s property. After death, authority over probate property usually belongs to the court-appointed personal representative, proven by Letters Testamentary or Letters of Administration from the Clerk of Superior Court. The most important next step is to confirm who is qualified (or needs to qualify) as personal representative with the Clerk of Superior Court before signing any estate-related document.

Talk to a Probate Attorney

If a family is disputing who has authority to handle a deceased parent’s property or paperwork is being circulated with unclear terms, our firm has experienced attorneys who can help explain options and timelines under North Carolina probate rules. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.