North Carolina Certified Paralegal Examination (NCCP) Practice Exam 2025 - Free Paralegal Exam Practice Questions and Study Guide

In a tenancy in common, each co-owner holds an individual share of the property, and this share does not automatically transfer to the other co-owners upon death. Instead, the deceased owner's share is passed on to their heirs according to the terms of their will or, if there is no will, according to the state's intestacy laws. This means that the deceased owner's interest in the property can become part of their estate and may be inherited by one or more individuals.

This characteristic of tenancy in common allows for flexibility in estate planning, as owners can designate specific heirs to inherit their shares. It is important for co-owners to be aware that, upon death, the dynamics of ownership can change based on inheritance, which can sometimes complicate decisions about the property if the heirs wish to sell or hold onto the share.

The other options do not apply because there is no automatic transfer to remaining co-owners, a sale to a third party does not occur by default, and the ownership is not forfeited. Each of these would contradict the essential nature of tenancy in common and the rights of the deceased owner's heirs.