In a tenancy in common, what happens to the interest of a deceased co-tenant?

In a tenancy in common, what happens to the interest of a deceased co-tenant?

• A. It passes to the estate
• B. It passes to surviving co-tenants
• C. It passes to heirs by joint tenancy
• D. It terminates automatically

Answer: (A)

In a tenancy in common, each co-owner holds a separate, undivided interest. When a co-tenant dies, that person's share does not pass to the surviving co-tenants by right of survivorship. Instead, the deceased’s interest becomes part of their probate estate and passes to their heirs or beneficiaries as dictated by their will or by state intestate succession laws. This is why the deceased co-tenant’s estate receives the interest, not the other co-tenants directly. This setup differs from joint tenancy, where survivorship means the surviving owners automatically acquire the deceased’s share. The result is that the deceased’s interest goes to the estate (and subsequently to heirs or a will-directed beneficiary), while the remaining co-tenants keep their own separate interests.

In a tenancy in common, each co-owner holds a separate, undivided interest. When a co-tenant dies, that person's share does not pass to the surviving co-tenants by right of survivorship. Instead, the deceased’s interest becomes part of their probate estate and passes to their heirs or beneficiaries as dictated by their will or by state intestate succession laws. This is why the deceased co-tenant’s estate receives the interest, not the other co-tenants directly. This setup differs from joint tenancy, where survivorship means the surviving owners automatically acquire the deceased’s share. The result is that the deceased’s interest goes to the estate (and subsequently to heirs or a will-directed beneficiary), while the remaining co-tenants keep their own separate interests.