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Simple English definitions for legal terms
escheat
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A quick definition of escheat:
Escheat: When someone dies without a will, heirs, or people to inherit their property, the state takes ownership of it. This is called escheat. Each state has its own laws about escheat, and probate is often used to figure out who gets the property.
A more thorough explanation:
Escheat
Escheat is when ownership of property or land passes to the state when the owner dies without a will, heirs, or anyone to inherit the property. Each state in the United States has its own laws that govern escheat rights, and probate is usually used to determine these rights.
Example 1: John passed away without a will or any known heirs. His property was sold, and the proceeds were given to the state as part of the escheat process.
Example 2: Mary died without any children or close relatives. Her estate was probated, and it was determined that her property would escheat to the state.
These examples illustrate how escheat works when someone dies without a will or heirs. In these situations, the state takes ownership of the property or land and may sell it or use it for public purposes.