Real Property
The government's right to take ownership of property when the owner dies without a will and with no known heirs.
Escheat is one of the four government powers over real estate (along with eminent domain, police power, and taxation). When a property owner dies intestate (without a valid will) and no heirs can be found, the property escheats, or reverts to the state. The purpose is to prevent property from being ownerless. Escheat is a last resort; the state will attempt to identify heirs before claiming the property.
Exam Tip
Escheat = no will + no heirs → property goes to the state. Know all four government powers: Police power, Eminent domain, Taxation, Escheat (PETE).
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Real Property
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NY Real Estate Real Property
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