Would it make any difference if there were a will instructing the assets of the estate be divided equally?

The answer to your question is that a Will ONLY controls probate assets. Probate assets are assets titled only in the decedent's name, with no date of death beneficiary on them. In your summary, there are $50k of probate assets. The remaining $50,000 passes outside of probate and outside of the control of the Will. The only time that is sometimes overlooked is when the Will clearly references the account(s) in question and states that the account was set up jointly for convenience purposes alone. This only works with joint accounts and not POD or TOD accounts.

The assets that were jointly owned belong solely to the surviving owner. The probate estate only controls those assets which did not have a co-owner or beneficiary on them. So in answer to your question, the division will be unequal as a result of how these assets were titled, one will get $75,000 and the other will get $25.000, unless the brothers agree to divide the money equally.

An account titled joint tenants with rights of survivorship would allow the first amount of $50,000.00 to go to brother one. Thus, this amount is probably outside of the estate. If the intestate laws provide that the assets of the estate go equally to the two brothers, then brother one and brother two split the remaining $50,000.00. Under these facts, it is likely that brother one would get $75,000.00 and brother two would get $25,000.00.

Possibly, yes, it could go $75,000/$25,000 - joint accounts are not probate assets unless they are brought in - to be brought in requires a finding after allegations, that they were accounts of convenience and not intended as a gift at death - the burden is on the person asserting that the account(s) were for "convenience" of the person who died - you would need an experienced probate attorney to guide you through that maze - of course, if the brother who was on the account values familial relationships, chances are he would "share" that money with his brother - but you only get to choose friends, not family - and those kinds of fights are what probate is all about sometimes!