Probate needed?

bring_back_threepenny_bit

Hi
I'm confused about the need for probate.
My sibling has passed away, leaving no will, they were single and with modest assets, well below the IHT threshold. Under intestacy laws our Mother will inherit the Estate. She is too elderly to deal with the administration but I see there is a simple form PA12 that would enable her to appoint attorneys, although we already have Power of Attorney for her. Is PA12 still appropriate?
Then I looked at PA1A, applying for letters of Aministration, in which Q4 goes into considerable detail about Applying as an Attorney, which seems to render PA12 redundant. 
In any event as there is no IHT to pay, do we even need to complete PA1A? 
Grateful for any pointers in the right direction.

RAS

Assuming England or Wales.

Have you checked their policy regarding release of assets with each of the companies holding assets?

Most will release them to someone in possession of the death certificate who is prepared to sign an indemnity. The maximum value varies, with some as high as £30,000.

Did you brother own property or have either a pension or NS&I savings? Those are the ones most likely to require probate. You need probate for property and NS&I have a £5,000 limit.

Otherwise check first if you even need it. 

bring_back_threepenny_bit

It is in England, there is no property or NSI savings, but over £30k in one bank account (less any funeral costs), that is the vast majority of their Estate. The Account is with Lloyds, who seem to have a £50k limit. 
Am I right in thinking that, assuming Lloyds are content, we can administer the Estate, without probate or Grant of letters of administration?

BooJewels

It doesn't sound like you're going to need Probate - I always advise people in a similar position to yours - wait until someone actually asks for it and won't proceed without it.  No point doing the work or expense if it isn't needed.  I've recently executed three estates and only needed it for the one with a property to sell and only for that purpose - everything else has been sorted without.

Flugelhorn

^ I agree with this - speak to the bereavement team at the bank and assume that you don't need probate until they actually ask you to get it - they may want details of the family eg in case there are any children of the sibling. I handled an estate of an uncle - all went to his siblings (or there children) - we just drew them a family tree and that was it 

bring_back_threepenny_bit

A quick update and follow-up, Lloyds won't release the deceased's funds without probate. So will I need Form PA12 or PA1A?

p00hsticks

bring_back_threepenny_bit said:

A quick update and follow-up, Lloyds won't release the deceased's funds without probate. So will I need Form PA12 or PA1A?

I know some things changed at the start of the year, so I may be out of date, but have you tried applying online  ?
There is a link here
Applying for probate: Apply for probate - GOV.UK (www.gov.uk)

I found it quite straight forward (although in my case there was a will) and my understanding is that if at any point during the process it identifies that the online application is not suitable it will then direct you to the correct paper forms to complete. 

Keep_pedalling

I don’t think to need to apply as an attorney as his sibling you can do so in your own right. You and your mother can also do it jointly with you doing all the leg work.