Estate Law Questions? Ask an Estate Lawyer.
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In New York State a tenancy in common is not a type of property ownership that can typically avoid probate, and is an assets that must be probated. Unlike joint tenancies, this type of deed does not carry rights of survivorship. The deceased person’s share of the property will go to the beneficiaries named in their last will. If the person had no will, then their portion of the tenant in common property would pass to the beneficiaries’ heirs-at-law: These are individuals who stand to inherit from a decedent in the absence of a will. If there was no will then one of the heirs must file an administration of the estate of the deceased with the Surrogated Court where the person resided.
After a petition is filed, the court will order that a new deed be drafted reflecting the new ownership between the 8 of you.
I hope this helps.
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