In a tenancy in common, what happens to the ownership interests upon the owner's death?

In a tenancy in common, the ownership interests of a co-tenant do not automatically transfer to the other co-tenants upon the owner's death. Instead, the deceased co-tenant's share passes to their heirs or beneficiaries according to their will or state intestacy laws. This characteristic distinguishes tenancy in common from joint tenancy, where the surviving tenant automatically inherits the deceased tenant's share through the right of survivorship.

This arrangement allows for a more flexible transfer of ownership interests, enabling individuals to decide who will inherit their property share, whether it's family members, friends, or partners. As a result, the co-tenants in a tenancy in common can have different percentages of ownership, and each can dispose of their interest independently.

Understanding this aspect is crucial for leasing agents, as it influences how properties are managed, inherited, and potentially sold in the event of a co-tenant's death.