How Is Property Owned as “Tenants in Common” Affected by Probate? - Pennsylvania
The Short Answer
In Pennsylvania, a tenant in common’s share does not automatically transfer to the other co-owners at death. Instead, the decedent’s fractional interest typically becomes part of the decedent’s estate and is transferred to heirs (if there is no will) or to beneficiaries (if there is a will), often requiring probate-related administration to clear title.
What Pennsylvania Law Says
“Tenants in common” means each owner holds a separate, undivided ownership interest. When one owner dies, that owner’s interest generally passes through the estate (under a will or intestate succession), rather than passing by survivorship to the remaining co-owners. For real estate, Pennsylvania law recognizes that title passes at death to heirs or devisees, but it remains subject to estate administration powers and court orders—so probate and related estate steps often matter for marketable title.
The Statute
The primary law governing how a decedent’s property is treated at death is 20 Pa.C.S. § 301.
This statute establishes that, at death, legal title to a decedent’s real estate passes to the decedent’s heirs or devisees (subject to the personal representative’s powers and court orders), and legal title to personal property passes to the personal representative—which is why a deceased tenant in common’s interest is commonly handled through the estate rather than “automatically” transferring to co-owners.
If you are comparing this to survivorship ownership, see our related discussion: Can Joint Tenancy With Right of Survivorship Help Me Avoid Probate in Pennsylvania?
Why You Should Speak with an Attorney
While the general rule is straightforward, applying it to your specific deed, estate plan, and family situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Even when title “passes” at death, probate timing and estate administration steps can affect when the interest can be sold or refinanced and whether the title is considered marketable.
- Burden of Proof: Disputes often turn on what the deed actually created (tenants in common vs. joint tenancy with survivorship vs. tenancy by the entireties) and whether there is evidence of a different intent.
- Exceptions: Creditor claims, estate debts, and court orders can affect real estate that otherwise passes to heirs/devisees, because Pennsylvania law makes that transfer subject to the personal representative’s powers and court supervision. See 20 Pa.C.S. § 301.
If co-owners disagree, or if the property needs to be sold to settle an estate, mistakes can delay closing, trigger litigation, or create title defects that are expensive to fix later.
For more background on co-ownership rights, you may also find helpful: What Rights Do Tenants in Common Have to Use and Access Jointly Owned Property in Pennsylvania?
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.