PA Estate Representatives Can’t Use a POA
Pennsylvania law prohibits an Estate executor or administrator from delegating their responsibilities to someone else. This holds true even if that person is a co-executor under a will, or has been appointed co-administrator by a Court. It does not matter if a Will specifically states that this can happen! That is because Estate representatives can’t get around PA law and have the remaining executors sign for them at closing.
You know that a power of attorney (POA) is a great way to help Sellers complete closing documents when some of them cannot attend your closing. EXCEPT, when the closing is in Pennsylvania and an Estate is selling the property.
To avoid closing delays, whenever there are two or more Estate representatives, find out if they all plan on attending settlement. If anyone does not, contact your Settlement Coordinator so that they can take the appropriate steps to get closing documents pre-signed since Powers of Attorney authorizing the other Executor or Administrator to sign won’t be acceptable – even if the POA is otherwise valid.