Legal Question in Real Estate Law in Florida

That depends on whether you on the property as tenants in common, in which case probate is necessary, or as joint tenants with right of survivorship, in which case probate would not be necessary.

Mr. Stoffels is right, a review of the deed is needed. If it is titled as tenants in common, probate will be required and the 50% ownership interest that your brother has will pass either according to his will or to his wife/children.