Which form of ownership can include multiple owners but may lead to probate?

Prepare for the Michigan State Title Insurance Exam. Enhance your knowledge with multiple choice questions, each with hints and explanations. Get ready to succeed!

The form of ownership that can include multiple owners and may lead to probate is Tenancy in Common. This type of ownership structure allows two or more individuals to own a property together, each holding a distinct share of the property. Unlike joint tenancy, tenancy in common does not come with the right of survivorship. This means that when one owner passes away, their share of the property does not automatically transfer to the surviving owners but instead goes to their heirs. As a result, the deceased's share becomes part of their estate and is subject to probate, where the distribution of assets occurs according to their will or the laws of intestate succession if there is no will.

In contrast, joint tenancy includes the right of survivorship, meaning when one owner dies, their interest automatically transfers to the remaining owners, avoiding probate. Tenancy by the entirety is a form of joint ownership available only to married couples that also includes the right of survivorship. Community property refers to a system where property acquired during marriage is considered jointly owned by both spouses but does not lead to individual ownership shares that could go through probate in the same manner as tenants in common.

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