What happens to a tenant's share in a tenants in common arrangement when they pass away?

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In a tenants in common arrangement, when a tenant passes away, their share does not automatically transfer to the other tenants. Instead, the deceased tenant's share goes to their estate for distribution according to the terms of their will or applicable intestacy laws if there is no will. This means that the deceased tenant's interest in the property can be inherited by their heirs, who may then choose to either retain their share in the property or sell it.

This principle is essential for understanding how ownership interests are handled in real estate law, particularly regarding inheritance. Tenants in common holds distinct advantages; each owner has a separate, transferrable interest in the property, which is why their share can be passed down rather than being absorbed by the other co-owners.

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