Tenants in common probate refers to how the deceased's portion of a tenant in common's property is handled. Typically it is in one of two ways. If the deceased person left a last will and testament then the decedent's portion of the property will be handled according to the terms of the will as it goes through the probate and distribution process. If, however, the deceased tenant dies intestate, the portion of the property that belongs to them will be distributed according to the heirs at law in the state. Typically to the spouse first and then to any children of the estate. Survivorship laws do not apply in tenants in common situations.