Which ownership form allows the owner to transfer an interest to heirs freely?

• A. Joint tenancy
• B. Tenants in common
• C. Community property
• D. Tenancy by the entirety

Answer: (B)

When a property owner wants the option to pass their ownership to heirs, the form of ownership matters because some forms include a right of survivorship while others do not. In a tenancy in common, each owner holds a separate, undivided interest that can be sold, gifted, or willed independently. There is no right of survivorship, so if an owner dies, their share passes to their heirs or according to their will. This setup gives the clearest path for transferring an interest to heirs.

In contrast, other forms include survivorship. With joint tenancy, for example, the surviving co-owners automatically receive the deceased owner’s share, not the heirs. That means the decedent’s heirs don’t inherit the portion unless all the other co-owners agree to change the arrangement. The other forms function similarly in terms of survivorship and restricted inheritance unless the owners’ estate plans or state rules specify otherwise.

So, tenancy in common is the form that best supports transferring an ownership interest to heirs upon death, because each owner’s share can go to whomever is designated in their will or by intestate succession, independently of the other owners.