Legal Definitions - coparcener

A coparcener is a person who inherits property jointly with others, typically when an estate passes down without a will (intestate succession). This creates a unique form of co-ownership where all owners share an undivided interest in the property. Unlike some other forms of joint ownership, a coparcener's share does not automatically pass to the other co-owners upon their death; instead, it can be passed on to their own heirs.

Here are a few examples to illustrate this concept:

• Example 1: Siblings Inheriting a Family Home

  Imagine a situation where a couple passes away without leaving a will, and their primary asset is a large family home. They have three adult children. According to the laws of inheritance, the home would descend to all three children equally.

  • How it illustrates the term: In this scenario, the three children become coparceners. They jointly own the family home, and each child has an undivided interest in the entire property. If one of the children were to pass away, their specific share of the home would not automatically go to their two surviving siblings. Instead, that share would be inherited by their own legal heirs (e.g., their spouse or children), who would then become a co-owner alongside the remaining original coparceners.

• Example 2: Cousins Inheriting Undeveloped Land

  Consider an elderly individual who dies without a will, and their closest living relatives are their two nieces and one nephew. The deceased owned a valuable piece of undeveloped land.

  • How it illustrates the term: The two nieces and the nephew would inherit the land as coparceners. They would collectively own the entire parcel of land. If, for instance, one of the nieces later died, her portion of the land would not automatically transfer to her surviving niece and nephew. Instead, her share would pass to her own designated heirs, who would then step into her shoes as a co-owner of the land alongside the remaining original coparceners.