law
escheat
Escheat is the government power under which ownership of property reverts to the state when an owner dies without a valid will and without any heirs who can be located, or when property is abandoned. It ensures land is never left without an owner. Escheat is one of the four government limits on private ownership and is the last step after the state's laws of descent fail to identify a lawful heir.
- Exam tip
- Escheat applies only when there is no will AND no heirs. If there are heirs but no will, the property passes by intestate succession, not escheat.
- Example
- A man dies intestate owning a lot, and after a search no relatives can be found. The lot escheats to the state.
Related terms & state variants
Sources
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Last verified: 2026-10-23