What occurs with the interest of a deceased owner in a tenancy-in-common?

In a tenancy-in-common, when an owner passes away, their interest in the property does not automatically transfer to the surviving co-owners. Instead, it is inherited by the deceased owner's heirs according to their will or the laws of intestacy if no will exists. This means that the deceased’s share in the property is treated as part of their estate and is transferred to their designated heirs, thus preserving the ability to pass ownership along to individuals outside of the existing owners.

The nature of tenancy-in-common allows for separate and distinct ownership shares, which means individuals can own unequal percentages of the property. Each tenant enjoys the right to transfer their share, and this includes the ability to leave it to heirs. Therefore, upon the death of an owner, the heirs can choose to either retain their interest or sell it. This particular aspect of tenancy-in-common emphasizes estate planning considerations for co-owners.