I am named as agent in my father’s power of attorney. Can I be his executor?
Often people have a misunderstanding about their authority under a power of attorney after the principal’s death. A power of attorney is only effective during a principal’s lifetime. When the principal dies, the power of attorney is no longer valid. Only an executor or personal representative has the authority to administer your father’s estate. In order for you to be the executor or personal representative of your father’s estate, you will need to open a probate estate.