Legal Question in Real Estate Law in New York

Joint Tenants: when one dies, his interest is divided among the other joint tenants.

Tenants in Common: when one dies, his interest is part of the estate and goes to the heirs.

There are other differences as well. but they result from the survivorship terms.

Tenants in common share the ownership but each is free to bequeath his/her interest to whomever they choose upon death, and the surviving owners do not get the interest of the decedent automatically. Joint tenants share the ownership and when one dies the surviving owner(s) take over the decedent's interest automatically. Deed and other asset registration controls whether or not the ownership interest is covered by a Will or not, and if the asset is the subject of a Will probate..