Escheat

Escheat is a legal principle whereby property reverts to the state when there are no legal heirs or claimants. It ensures that property is not left ownerless and is managed by the state.

The doctrine of escheat has its roots in feudal systems where land would revert to the lord in the absence of direct heirs. This principle was later adopted into common law as a means of maintaining order in property ownership.

Today, escheat laws apply to both real and personal property, allowing the state to take control of abandoned property or property of deceased individuals without heirs. Each state has specific statutes governing the conditions and processes for escheat.

• An individual dies intestate (without a will) and has no surviving relatives; their property escheats to the state.
• Funds left in a bank account become unclaimed after a certain period, leading the state to assume ownership through escheat.

• In re Estate of Hart
• State v. Williams