Accepted Pennsylvania · New Jersey · Maryland · statute facts checked October 2026
Does a power of attorney end at death? What each state's law says, and who takes over
Short answer: yes. A power of attorney works only during the principal's lifetime. Maryland's statute says it "terminates when" the principal dies (Est. & Trusts §17-112(a)(1)), and Pennsylvania's required notice tells the principal the agent may act "throughout your lifetime" (20 Pa.C.S. §5601(c)). After death, the estate is handled by the personal representative (the executor named in the will, or an administrator), not the agent under the power of attorney.
Families are often caught off guard by this. The bank account the agent managed last week can't be touched with the same document today. Here's what each state's statute says, and what it means for the agent's records.
This is general information, not legal advice. Questions about a specific estate belong with an estate attorney.
What each state's statute says
| Pennsylvania | New Jersey | Maryland | |
|---|---|---|---|
| Death and the power of attorney | The required notice describes the agent's powers as usable "throughout your lifetime" (§5601(c)) | A bank must refuse to act on a power of attorney if it has actual notice of the principal's death (N.J.S.A. 46:2B-13(a)) | A power of attorney "terminates when" the principal dies (§17-112(a)(1)) |
| Acts done before anyone knew of the death | Death doesn't revoke the agency as to an agent or other person who acts in good faith without actual knowledge of the death (§5605(a)) | Death doesn't revoke the power as to a person who acts in good faith without actual knowledge of it (46:2B-8.5) | Death doesn't revoke the agency as to an agent or other person who acts in good faith without actual knowledge of it (§17-106(a)) |
| Agent's affidavit | An agent's affidavit of no actual knowledge of termination, including by death, is conclusive proof of nontermination at that time (§5606) | A third party may ask for an agent's affidavit; it's conclusive proof of nonrevocation (46:2B-8.6) | Absent fraud, an agent's affidavit of no actual knowledge of termination by death is conclusive proof of nontermination at that time (§17-106(b)) |
| Agent's records after death | On the principal's death, the personal representative or successor in interest may request them; the agent has 30 days, plus 30 more with a written reason (§5601.3(d)) | The agent must account on demand of the principal's personal representative (46:2B-8.13) | On the principal's death, the personal representative or successor in interest may request them; the agent has 30 days, plus 30 more with a written reason (§17-102) |
Power of attorney vs. executor
| Agent under a power of attorney | Executor (personal representative) | |
|---|---|---|
| When the role works | During the principal's lifetime | After death, once appointed through the probate process |
| Where the authority comes from | The power of attorney the principal signed | The will, plus the court's appointment |
| Can it be the same person? | Yes, but the roles are separate. Being the agent doesn't make someone the executor, and the authority doesn't carry over. | |
What agents commonly do when the principal dies
- Stop acting under the power of attorney once they know of the death. The good-faith protections above cover acts done without actual knowledge.
- Gather the records. In Pennsylvania and Maryland, the personal representative can ask for them, with a 30-day clock (PA §5601.3(d); MD §17-102). In New Jersey, the agent must account on the personal representative's demand (46:2B-8.13).
- Note any transactions that were pending or made after the death, and when the agent learned of it.
- Ask the estate's attorney about anything already in motion: bills, checks written but not cashed, recurring payments.
Keeping a clean record from the first day makes this hand-off simple. All three states expect the agent to keep records of transactions for the principal (PA §5601.3(b)(4); NJ 46:2B-8.13; MD §17-113(b)(3)). See what each state requires of an agent.
Questions to bring to the estate's attorney
- What happens to payments or transactions that were in process when our parent died?
- What records will the personal representative want from the agent, and in what form?
- Are there accounts with a payable-on-death or joint owner that pass outside the estate?
- Who has authority to deal with the bank until a personal representative is appointed?
Free: the bank-ready POA checklist
What to gather and note before you present a power of attorney, with PA, NJ and MD notes, plus a log for every institution.
Common questions
Does a power of attorney end at death?
Yes. A power of attorney works only during the principal's lifetime. Maryland's statute says it terminates when the principal dies (Est. & Trusts §17-112(a)(1)); Pennsylvania's required notice describes the agent's powers as usable throughout the principal's lifetime (20 Pa.C.S. §5601(c)); and in New Jersey a bank must refuse to act on a power of attorney once it has actual notice of the principal's death (N.J.S.A. 46:2B-13(a)).
What happens to a power of attorney when someone dies?
The agent's authority ends, and the estate is handled by the personal representative (the executor named in the will, or an administrator). Acts done in good faith before anyone knew of the death are protected in all three states (PA §5605(a); NJ 46:2B-8.5; MD §17-106(a)).
What is the difference between a power of attorney and an executor?
An agent under a power of attorney acts during the principal's lifetime, under the document the principal signed. An executor acts after death, under the will and the court's appointment. The same person can hold both roles, but the authority doesn't carry over from one to the other.
Does the agent have to give records to the executor?
In Pennsylvania and Maryland, the personal representative may request the agent's records after the principal's death, and the agent has 30 days to comply or explain in writing why more time is needed (PA §5601.3(d); MD §17-102). In New Jersey, the agent must account on the personal representative's demand (N.J.S.A. 46:2B-8.13).
Can a power of attorney be used to pay funeral costs after death?
The statutes above end the agent's authority at death, apart from protecting acts done without knowledge of it. How funeral and final bills get paid is a question for the estate's attorney.
Sources: 20 Pa.C.S. §§5601(c), 5601.3, 5605, 5606; N.J.S.A. 46:2B-8.5, 8.6, 8.13, 46:2B-13; Md. Code, Est. & Trusts §§17-102, 17-106, 17-112, 17-113, official texts (Pennsylvania General Assembly and Maryland General Assembly, checked October 16, 2026; New Jersey Legislature, updated through P.L.2026, c.30, checked October 14, 2026).