Legal Question in Real Estate Law in Virginia

Re: Real Estate Deed Transfer

Depends what the deed says and how he left it to you. A. If the deed says "as joint tenants with right of survivorship," you own it now and need not do anything. B. If the deed says "as tenants in common" or anything else (or nothing besides "and"), then you either need to probate his will (in which case the will will be recorded and leave the property to you), or if there was no will, a declaration of heirs will have to be filed. If no will, as his brother you would inherit if he was not married, had no children, and both parents were deceased.