In tenancy in common, what happens to a deceased owner's share?

• A. The surviving co-owners automatically receive the deceased's share
• B. The deceased owner's heirs or devisees receive the deceased's share
• C. The state takes possession of the share
• D. The deceased share passes to a trust automatically

Answer: (B)

In tenancy in common there is no right of survivorship, so the deceased owner’s interest does not automatically pass to the other co-owners. Each co-owner holds a distinct, transferable interest that can be passed on by will or by state intestate succession. When someone dies, their share goes to their heirs or devisees, not to the surviving co-owners. The state would only take the interest if there are no heirs or devisees (escheat). A trust doesn’t automatically receive the share unless the deceased’s estate plan directs it or the trust is named as a beneficiary.