Blog Post
What Happens to Jointly-Owned Property in Probate?
7/20/2025
When a co-owner passes away, how their share is distributed depends on the form of ownership. In joint tenancy, the right of survivorship allows the property to bypass probate. However, the process is different for properties held in tenancy in common.
When an owner from a tenancy in a common arrangement dies, their share of the property does not automatically transfer to the surviving co-owners. Unlike joint tenancy, this setup lacks the right of survivorship. Instead, the deceased owner’s interest in the property becomes part of their estate and must go through the probate process.
During probate, the deceased owner’s share is distributed per their will or, if no will exists, according to state intestacy laws. This could mean that their heirs inherit the share. The new owners would step into the deceased owner’s position, sharing the property with the surviving co-owners.
To navigate these complexities, wills and probate attorneys in San Diego can provide invaluable guidance. They help ensure that the deceased’s wishes are honored and assist heirs in managing any disputes that may arise.
When dealing with jointly owned property, understanding the probate process in California is crucial. This legal process can be lengthy and complex, especially when multiple parties or heirs are involved. Knowing how it works, the executor or administrator’s timelines, and responsibilities can help ease confusion for the surviving co-owners and heirs.
San Diego Probate Attorneys
San Diego, CA 92101