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

When a tenant in common passes away, their share of the property does not terminate but instead passes to their estate. This is a fundamental aspect of how tenancy in common works. Each tenant in common holds an individual, undivided interest in the property, and this interest can be inherited by their heirs according to the deceased's will or, if there is no will, according to the laws of intestacy.

The estate of the deceased individual will then manage and possibly distribute that share as dictated by the legal processes of probate. This stands in contrast to other forms of property ownership, such as joint tenancy, where the surviving joint tenant automatically receives the deceased's share, thereby eliminating it from the estate. Understanding this distinction is vital, especially when planning wills and understanding property interests.