Tenancy in Common
Co-ownership where each owner's share passes through their own estate at death, not to the co-owners.
What Tenancy in Common means in an estate
In a tenancy in common, two or more people own separate, undivided shares of the same property, and there is no automatic survivorship. When one owner dies, their share goes to their heirs or beneficiaries and typically must pass through probate, unlike a joint tenancy where the survivor takes it automatically. It is the default form of co-ownership in many situations.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how tenancy in common is handled where the estate is being settled.
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Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.