Posted by Rick, the Probate Guy on July 30, 2006 at 21:03:01:
Not much of a choice here, from a practical perspective. It will mostly likely need to be probated.
Since you don’t mention what State you’re in, nor the property value at time of death (pretty important in some States) nor exactly whose name the property title is vested in now, so I’d only be guessing. Did the person who left it to your brother and you, do so by way of a will? Was it distributed to the two of you via a probate court order then? If title to the property was in both your name and that of your Brother’s, did you designate “how” you took ownership (tenants-in-common, or joint tenants)?
Depending on how you owned the property together (if it is already in both of yor names now) and how much your Brother’s share was worth at time of his death, you might be able to avoid probate.
So you see, your question leads to more unanswered questions. To determine what you and your Brother’s children must do, you need to contact a qualified probate attorney in your area. If you need a referral, ask someone at the mortuary that handled your Brother’s services, an escrow company, a title insurance company, your local bank branch, church, or the local Bar association referral service.