Escheat
When property reverts to the state because the owner died without heirs and without a will. Rare but not unheard of.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.Part 1 of 4
Why a seller cares
Escheat is what happens to property when an owner dies with no will and no heirs: it goes to the state. A seller meets it only in an estate sale where the chain of title passed through an heirless owner.
Part 2 of 4
A simple example
A title search on an inherited home finds a 1970s owner who died intestate with no located heirs. The state's claim has to be traced and cleared.
| What the record shows | What follows |
|---|---|
| An owner who died with a will | Probate, then a deed to the heirs |
| An owner who died with no will and known heirs | Heirship, then a deed |
| No will and no heirs | Escheat; the state's interest has to be addressed |
Escheat is the last step in the order of who inherits, and it is rare enough that most sellers never meet it.
Part 3 of 4
What people get wrong
That the state takes property from anyone without a will. Heirs come first; the state only inherits when nobody else can.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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