Escheat
When property reverts to the state because the owner died without heirs and without a will. Rare but not unheard of.
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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
In your Room, this word explains itself where it appears.
Your Room defines escheat in the step you meet it in, beside the document or the date it belongs to. Free to set up, with an agent or on your own.
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