In a tenancy in common, what happens to the deceased's share?

In a tenancy in common, when one co-tenant passes away, their share of the property does not automatically transfer to any other co-tenant. Instead, that share is subject to the terms of the deceased tenant's will, or if they did not have a will, it will pass through intestate succession laws. This means that the deceased’s interest in the property is treated as part of their estate and is distributed according to the instructions in their will or, if no will exists, according to state laws that dictate how assets should be divided among heirs.

This principle highlights the distinct nature of tenancy in common compared to joint tenancy, where the surviving joint tenant automatically receives the deceased tenant’s share through the right of survivorship. In a tenancy in common, each owner may convey their interest independently and has no automatic rights over the shares of their co-tenants, thus placing their share in focus during estate planning and distribution processes.

It is important to note that while the share may be subject to probate, the correct answer emphasizes the means by which it passes—either through a will or intestate succession—rather than simply stating it must go through probate, which suggests a process but does not clarify the method of distribution.