If a person dies without a will (intestate)—and with no heirs (relatives or descendants)—ownership of the deceased person’s (decedent’s) property may be transferred to (or said to revert to) the state government (usually the state treasury) through the common law doctrine of escheat. In addition to enriching the state treasury (or the Lord in feudal England), escheat prevents property from remaining in limbo with no rightful owner.
A state’s common law is comprised of court opinions written by judges to resolve disputes and most states adopted the legal doctrine of escheat from the English common law (from England) soon after the founding of the United States and each state’s admission to the union. But in more recent years many state legislatures have defined the law of escheat in their state’s statutes—making it statutory law—which is also known as codifying the law, because it is then part of a code or statute.
The property subject to escheat laws is sometimes referred to or classified as unclaimed or abandoned property. Upon transfer to the government the unclaimed or abandoned property may be referred to as escheated property. And in some states there may be a period (a statute of limitations) in which heirs or rightful owners of the property may be able to reclaim escheated property.
Escheat laws vary from state to state and often depend on the nature of the asset involved (personal property, real property, bank account, brokerage account).
In Texas, if a person dies intestate (without a will) and has no heirs, the property of the deceased may escheat to the state, meaning it reverts to state ownership. This is in accordance with the Texas Estates Code, which codifies the state's escheat laws. The Texas Unclaimed Property Act also plays a role in the management of unclaimed or abandoned property. The state holds escheated property and provides a process through which potential heirs or rightful owners can claim the property within a certain period. The Comptroller of Public Accounts is responsible for administering unclaimed property in Texas. The nature of the asset, whether it is personal property, real estate, or financial accounts, can affect the specific procedures and time frames for escheatment and claims. It is important for potential claimants to be aware of these rules and act within the statutory time limits to recover property that may rightfully belong to them.
