Because the bank account was owned jointly with you with the right of survivorship, the account is not included in your brother’s probate estate. The survivorship feature of the bank account overrides the provisions in your brother’s will. The bank account belongs to you as a result the survivorship designation. If your brother owned other assets in addition to the bank account, there may be a necessity to qualify on his estate and administer those assets he owned in his own name. Those assets which he owned in his own name, if any will be subject to the provisions of his Will.