When two people own property as tenants in common and one dies, the deceased's share passes to their heirs.

Outline:

• Hook: A simple scenario that clarifies ownership forms and why it matters for title work.

• Section 1: Quick refresher on tenants in common (TIC) vs joint tenancy (JT)

• Section 2: The key rule: when A dies, A’s share goes to A’s heirs in TIC

• Section 3: Why this distinction matters for title insurance and real-world titles

• Section 4: A practical mental model you can remember

• Section 5: What buyers, sellers, and lenders should watch for in the deed and title chain

• Section 6: Quick recap and takeaways

• Tone and flow kept across sections to feel natural, engaging, and useful for Waco title insurance topics

Tenants in common vs joint tenancy — what’s the real difference?

Let’s set the stage with a simple picture. Maria and Ethan buy a house as tenants in common. They each own a distinct, transferable share of the property. Maybe Maria owns 60 percent, Ethan 40 percent. Their shares aren’t tied to the other person’s life or actions. If Maria dies, her 60 percent doesn’t vanish into Ethan’s hands. It goes where Maria said it should go, or, if she didn’t say, it follows the laws of intestate succession. That’s the core idea behind tenants in common.

Now imagine they bought as joint tenants with right of survivorship. In that setup, if Maria dies, her stake automatically transfers to Ethan, and the title shifts accordingly. No will, no probate, just a survivorship flow. That distinction—that survivorship feature—drives a lot of what you’ll see in title searches and title insurance work.

When A dies, who inherits A’s share in a TIC?

Here’s the straightforward rule, plain and simple: in a tenancy in common, each owner’s share is treated as an individual asset. When A dies, A’s interest passes to A’s heirs or beneficiaries as directed by A’s will, or, if there’s no will, according to the state’s intestate laws. The surviving co-owner, B in our example, keeps their own separate share. So, if A held 60 percent and B held 40 percent, A’s heirs would step into that 60 percent, while B retains their 40 percent.

That’s a big difference from a joint tenancy, where right of survivorship means the surviving co-owner automatically gains the deceased owner’s share. In the TIC scenario, there’s no automatic transfer to the other co-owner. The transfer goes through succession, whether by will or by statute.

Why this distinction matters for title insurance and real-world titles

You might be wondering, “Okay, I get the concept. But what does this mean for title insurance and real-world titles?” Great question.

• Clear chains of title. Title searches look for the form of ownership. TIC shows up as distinct interests that don’t automatically pass to a co-owner. That means if A dies, the title record should reflect A’s heirs or the estate as the new holder of A’s share, unless probate hasn’t happened yet.

• Probate implications. If there’s a will, A’s share typically moves through probate to the named beneficiaries. If there’s no will, A’s share follows intestate rules. Until probate or a deed transfers ownership, the title to A’s portion is technically in limbo, which can impact refinancing, selling, or remortgaging.

• Title insurance coverage. Title insurance protects against defects in title and helps guarantee marketable title for the insured. In a TIC arrangement, the insurer will want documentation showing who owns what portion, and who has rights to transfer A’s portion. If A dies and the heirs haven’t yet been recorded on the title, a lender or buyer might require a probate-initiated transfer or a deed from the estate to clear the chain.

• Potential liens and encumbrances. A remains a separate owner with their own share. If A’s estate has debts, they could affect the estate’s ability to convey A’s interest cleanly. The title insurer will consider whether any liens or claims attached to A’s share could cloud the title for the heirs and the surviving co-owner.

A mental model you can remember: “Two tracks, one road”

Think of the property as two tracks running side by side. One track belongs to A, the other to B. In tenancy in common, they’re independent tracks. When A passes away, the A-track doesn’t automatically merge with the B-track. Instead, the A-track continues on with the heirs or the estate, and a new deed may need to be recorded to reflect whoever now holds A’s track. That image helps when you’re parsing title commitments or explaining to clients why a probate or deed is necessary before you can issue clear title.

What buyers, sellers, and lenders should watch for in the deed and title chain

• Verify the ownership form. If you’re purchasing a TIC, confirm each owner’s share and ensure the deed reflects the correct interests. If the deed is ambiguous, it can become a snag that delays closing or triggers disputes after purchase.

• Check for survivorship clauses. In TIC, there’s no right of survivorship by default, but some documents still cause confusion. If there’s any survivorship element in the documents, clarify whether it’s intended to be TIC or JT.

• Look for probate status. If one owner dies, you’ll want to know whether A’s share has already been transferred to heirs or if probate is still in process. The title company may require probate documentation or a deed from the estate to move forward.

• Review beneficiaries and heirs. In a TIC scenario, it’s important to know who is named to inherit A’s portion. Beneficiary designations, wills, or state intestacy rules all play a role in who ends up with A’s share.

• Plan for future transfers. If the goal is to keep the property within a family or group, plan how updates to the title will occur after life events. This keeps the chain clean and reduces surprises.

Real-world implications you might encounter

• Refinancing a TIC property. Lenders want a clean, clear chain of title and stable ownership allocations. If A dies and A’s share isn’t properly conveyed to heirs or the estate, refinancing could be postponed or denied.

• Selling a TIC property. A buyer will want to know who owns what, and whether A’s heirs can be brought into the chain without friction. A smooth transfer requires good documentation and verified ownership.

• Estate planning crossovers. A TIC can complicate estate plans. If someone plans to leave a share to a close family member, understanding how TIC works helps ensure the plan lines up with the title reality.

• Insurance protection. Title insurance can mitigate some of the risk, but it’s not a guarantee that life events won’t slow things down. The policy will cover specific title defects, but clear documentation about ownership and transfer is still essential.

A quick myth-busting moment

• Myth: If A dies, B automatically gets A’s share in a TIC. Reality: Not in a TIC. Joint tenancy would create survivorship, but TIC transfers go to heirs or according to the will, or to the state if there’s no will and no heirs to claim (which then goes to intestate succession rules).

• Myth: All title problems vanish after a death. Reality: Dead people don’t walk away with a clean title automatically. Probate, deeds, and sometimes probate court orders may be needed to finalize the transfer of A’s interest.

Putting it all together — takeaways you can apply

• Know the difference. TIC means separate ownership interests; JT means survivorship. This distinction drives what happens when someone dies.

• Expect probate or deed transfers. When A dies, A’s share must typically go to heirs or be transferred through probate, not automatically to B.

• Prepare for title insurance reviews. The title process will check who owns what and what documents are needed to prove a clean chain of title for all shares.

• Communicate clearly with clients. If you’re helping someone buy or sell TIC property, explain how A’s death affects the chain and what steps might be needed to clear title.

Why this matters in the broader world of Waco title insurance topics

Understanding tenancy forms isn’t just academic. It helps real people navigate the shared responsibility of homeownership, debt, and family plans. Title professionals in Waco and beyond use these concepts to ensure titles are marketable, liens are managed, and ownership records reflect the true rights of all parties involved. The more you know about how ownership forms affect transfers, the better you’ll be at spotting potential title issues early, asking the right questions, and guiding clients through smooth closings.

If you’re exploring topics in this area, you’ll notice a pattern: the title world loves precision. A single misfiled deed or an unclear ownership clause can ripple through months of closing work. That’s why clarity about TIC versus JT isn’t just a nerdy detail. It’s a practical compass for everyone who touches a property—from the buyer signing documents to the heirs who may step onto the title later.

Final thought: hold onto the simple truth

In a tenancy in common, a deceased owner’s share doesn’t go to the other co-owner by default. It goes to heirs or beneficiaries, unless a will or probate changes the course. That’s the core idea you’ll see echoed in title searches, deeds, and the conversations title professionals have with clients. And as you explore more about Waco title insurance topics, you’ll discover how these principles align with broader protections, from mortgage refinances to estate planning, all aimed at keeping ownership clear and the path to closing smooth.

If you ever want to loop in a few real-world examples or walk through a sample title commitment that shows how A’s heirs would appear on the chain, I’m happy to map it out. Together, we can build a clearer picture of how ownership forms shape every step of the journey from purchase to transfer.