What happens to a deceased tenant's interest in a tenancy in common?

In a tenancy in common, when one co-owner (or tenant) passes away, their interest in the property does not automatically transfer to the surviving co-owner(s). Instead, the deceased tenant's share goes to their heirs, as defined by their will or, if there is no will, according to the laws of intestate succession. This means that the interest in the property is subject to probate, where the court will determine how the deceased’s assets, including their share of the property in the tenancy in common, are distributed among their heirs.

This structure ensures that the deceased's rights and interests are preserved and can be passed on to their beneficiaries, maintaining the continuity of ownership through inheritance. It reflects the nature of a tenancy in common, where each co-owner has a distinct, transferable interest in the property, rather than a right of survivorship which would occur in a joint tenancy arrangement.