What happens to a tenant in common's interest upon their death?

What happens to a tenant in common's interest upon their death?

• A. It automatically transfers to the other tenants
• B. It passes to their heirs
• C. It is sold to the highest bidder
• D. It goes into probate

Answer: (B)

When a tenant in common dies, their interest in the property does not automatically transfer to the other tenants. Instead, it passes to their heirs or beneficiaries according to their will or the laws of intestacy if no will exists. This principle stems from the nature of tenancy in common, which allows each co-owner to independently own a specific share of the property. Unlike joint tenancy, which includes the right of survivorship, where the deceased's share automatically transfers to the surviving tenants, tenants in common have no such right. This means that upon death, a tenant in common's share can be inherited, sold, or transferred according to their wishes or, in absence of such wishes, through statutory regulations. This aspect reinforces the individual ownership characteristic of tenancy in common, distinguishing it from other forms of co-ownership.

When a tenant in common dies, their interest in the property does not automatically transfer to the other tenants. Instead, it passes to their heirs or beneficiaries according to their will or the laws of intestacy if no will exists. This principle stems from the nature of tenancy in common, which allows each co-owner to independently own a specific share of the property.

Unlike joint tenancy, which includes the right of survivorship, where the deceased's share automatically transfers to the surviving tenants, tenants in common have no such right. This means that upon death, a tenant in common's share can be inherited, sold, or transferred according to their wishes or, in absence of such wishes, through statutory regulations. This aspect reinforces the individual ownership characteristic of tenancy in common, distinguishing it from other forms of co-ownership.