Legal Question in Real Estate Law in Wisconsin

Re: Tenants in Common (Versus Joint Tenancy)

In WI, "tenancy in common" survives death and can be inherited by heirs if they pursue the transfer in court (i.e. via the probate court). If no probate occurs, the decedent�s estate continues to own the property, even after death, indefinitely; or until some other sort of title transfer occurs (such as a foreclosure or a tax deed). The will of the decedent controls to whom the probate court transfers the land. If there is no will, the laws of intestate succession control the process. Joint tenancy (similar to "survivorship marital property" in WI)is the opposite--the interest of the owner terminates at death in favor of the other joint tenant(s). However, an abbreviated probate procedure is still required in order to accomplish this.