I have a financial power of attorney for someone who died. Can I use the power of attorney to access the deceased funds to pay for funeral expenses?

A financial power of attorney automatically ends upon the principal's death.  After the principal dies, the power of attorney no longer gives you authority to access their bank account. 

Minnesota law sets a priority order for paying estate debts (Minn. Stat. § 524.3‑805): 

1. Estate administration costs 

2. Reasonable funeral expenses 

3. Federal debts and taxes 

4. Medical expenses of the last illness (including Medical Assistance) 

5. Medical expenses from the year before death 

6. Debts with preference under Minnesota law and state taxes 

7. All other debts 

Funeral expenses are near the top of the priority list, so the deceased person’s assets (including bank accounts) must be used for them if available. But, if there is no prepaid funeral contract and you are not a joint owner or beneficiary of the bank account, you cannot access it immediately. 

If the deceased person’s estate is worth less than $75,000, their heirs can usually collect their personal property without going to court by using an “Affidavit for Collection of Personal Property.” You can get this form from the court. 

If you are a legal heir, you can use this affidavit as long as no probate is pending and at least 30 days have passed since death. The affidavit must be signed before a notary. Once signed, you can present it to the bank. The bank should then transfer the account into your name. 

This process requires at least 30 days, so funeral arrangements may be delayed unless the funeral home agrees to proceed based on proof of account funds. If probate is opened, this process will take even longer.  

See our fact sheet Questions about Probate