Escheat

In one sentence

Property passes to the state when a person dies with no will and no heirs.

Plain English

When someone dies without a valid will and has no identifiable family members or heirs, their property doesn't simply disappear—it goes to the state government. This process is called escheat. The state essentially becomes the owner of the unclaimed estate. Most states hold the property for a period of time in case heirs later come forward, but if no one claims it, the state keeps it.

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Example

A man dies with no spouse, children, or known relatives. After a thorough search, no heirs are found. His bank account, house, and car escheat to the state, which may use the funds for public purposes.

Used in a sentence

“When the elderly woman passed away with no heirs, her entire estate was subject to escheat to the state.”

Related terms

Probate Estate

Property owned by a deceased person that passes through the court-supervised probate process.

Testamentary Capacity

The legal and mental ability required to make a valid will or trust.

Holographic Will

A will written entirely in the testator's own handwriting without witnesses.

Lapse

An offer that expires because a deadline passes or too much time has gone by.

Homestead Exemption

A legal protection that shields a primary residence from creditors' claims up to a certain value.

Non-Probate Assets

Property that passes to beneficiaries outside the probate process, bypassing court involvement.

Probate

The court process of validating a will and distributing a deceased person's estate.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.