Can a Power of Attorney Agent Endorse an Estate Check? (Austin Probate Law Explained)

The names in this article are fictional and used for educational purposes only.

At Mike Massey Law, we often get calls from clients in Austin neighborhoods like Tarrytown, Mueller, and West Lake Hills with questions about probate and powers of attorney. One recent question stood out:

Can someone holding a power of attorney (POA) endorse or deposit a check made out to an estate?

Let’s explore this with a simple example:

Example

David passed away in Austin, Texas. His friend, Sarah, was named as the executor of David’s estate. Sarah had previously given a power of attorney to her brother, Mark, to handle her personal affairs.

After David died, a check arrived made out to “The Estate of David Johnson.” Mark, holding Sarah’s personal power of attorney, wondered if he could endorse the check on behalf of the estate.

Why a Power of Attorney Usually Does Not Work for Estate Business

Here’s the key: a power of attorney covers a person’s affairs while they are alive. When someone dies, their probate estate is handled through a different legal process, supervised by the probate court.

When Sarah became the executor of David’s estate, she took on a court-appointed fiduciary role that is completely separate from her personal affairs. A power of attorney for Sarah’s personal business does not grant Mark the ability to act as executor of David’s estate.

In other words, executor powers cannot be delegated through a standard POA. If the check is made out to David’s estate, only Sarah, as executor, can endorse or deposit it — usually by signing something like:

“Sarah Thompson, Executor of the Estate of David Johnson”

Can You Delegate Executor Authority?

Generally, no. Executors cannot delegate their core estate duties to someone else using a personal power of attorney. If Sarah wanted Mark to help with executor responsibilities, she would need to have the probate court formally appoint Mark as a co-executor or a successor executor.

That’s why it is so important to understand the difference between power of attorney and executor of an estate in Texas probate law. If you live in Austin — whether you’re near the Capitol, around Barton Creek, or enjoying downtown — you should know that POAs end upon death, and estate authority begins through court appointment.

Protecting Yourself in Probate

At Mike Massey Law, we help Austin-area families navigate estate administration, probate court filings, and the proper use of powers of attorney. Mistakes with endorsing estate checks can delay probate and cause unnecessary disputes.

If you have questions about powers of attorney, executor roles, or how to properly handle estate checks in Texas, call our team at Mike Massey Law. We serve clients throughout Austin, including Circle C Ranch, Steiner Ranch, and beyond.