Which statement about tenancy in common is true?

Which statement about tenancy in common is true?

• A. The share passes automatically to the surviving co-owner.
• B. All co-owners must have equal shares.
• C. A share must pass to the deceased's estate to be distributed by probate.
• D. Upon death, a share passes to the person specified in the deceased's will.

Answer: (D)

In tenancy in common, each owner holds a separate, identifiable share and there is no right of survivorship. When someone dies, their interest does not automatically pass to the other co-owners. Instead, that share becomes part of the deceased’s estate and is distributed according to their will or, if there is no will, under the rules of intestacy. So, a share can go to the person named in the will, which is why that statement is true. If there’s no will, probate would determine the distribution of the estate. This arrangement also means co-owners can have unequal shares, and the idea that the surviving co-owner automatically inherits a share is characteristic of joint tenancy, not tenancy in common.

In tenancy in common, each owner holds a separate, identifiable share and there is no right of survivorship. When someone dies, their interest does not automatically pass to the other co-owners. Instead, that share becomes part of the deceased’s estate and is distributed according to their will or, if there is no will, under the rules of intestacy. So, a share can go to the person named in the will, which is why that statement is true. If there’s no will, probate would determine the distribution of the estate. This arrangement also means co-owners can have unequal shares, and the idea that the surviving co-owner automatically inherits a share is characteristic of joint tenancy, not tenancy in common.