My brother recently passed way, before I could open a bank account for him (I held Power of Attorney). There is no will and less than 50,000.00 in assets (way less). What I really need is something to show the bank so I can cash his last check and pay off a few bills of his.
First, I was told to open a small estate, but the clerks office told me about the petition spread will of record.
If there is no will then you can't have it spread of record. Likewise, you should know that the POA is nullified at the moment of death of the principal. It is however relevant if you seek to be appointed Personal Representative of his Estate. However that may not be necessary.
There is a small estate affidavit procedure that you could use but you will have to hire a lawyer to draft it for you. Probably one in the county where your brother was domiciled who holds out experience in probate and estates would be the best choice.