In tenancy in common, what happens to each owner's interest at death?

In tenancy in common, what happens to each owner's interest at death?

• A. Passes to surviving co-owners
• B. Reverts to the state
• C. Passes to his or her heirs at death
• D. Is extinguished

Answer: (C)

In tenancy in common there is no right of survivorship, so a deceased owner’s interest does not automatically pass to the surviving co-owners. Instead, the decedent’s share becomes part of their estate and passes to their heirs or devisees as dictated by their will or by state intestate law. The surviving co-owners keep their own interests, and the property remains jointly owned as a tenancy in common with the deceased owner’s heirs holding the deceased’s share. This is why the correct result is that the interest passes to the owner's heirs at death.

In tenancy in common there is no right of survivorship, so a deceased owner’s interest does not automatically pass to the surviving co-owners. Instead, the decedent’s share becomes part of their estate and passes to their heirs or devisees as dictated by their will or by state intestate law. The surviving co-owners keep their own interests, and the property remains jointly owned as a tenancy in common with the deceased owner’s heirs holding the deceased’s share. This is why the correct result is that the interest passes to the owner's heirs at death.