Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.
Escheat
Escheat is the reversion of private property to the state when an owner dies intestate with no legal heirs or when corporate property is abandoned, distinct from government taking by eminent domain which requires compensation.
Exam context
Select escheat for ownerless property reverting to the state without compensation. Eminent domain requires payment. Adverse possession transfers title to a trespasser after statutory elements are met.
When property escheats
If no will exists and no qualifying relatives survive under state intestacy statutes, title may escheat to the state. Unclaimed mineral interests and corporate dissolutions can trigger similar rules. The state does not inherit as an heir; it takes by operation of law to prevent ownerless land.
Contrast with other transfers
Eminent domain takes property for public use with just compensation. Foreclosure transfers property to satisfy debt. Escheat involves no purchase price to heirs because none exist. Some states allow distant kin or escheat funds to be claimed after audit periods.
Examples
No heirs
A retiree dies without a will and without surviving spouse, children, or identifiable next of kin. After probate search, the parcel escheats to the state treasury department.
Dissolved company land
A defunct LLC owned a vacant lot and never distributed assets. State law may escheat the parcel after statutory abandonment periods.
Keep studying
Related terms
- Eminent domainGovernment taking with compensation, not heirless reversion.
- Bundle of rightsOwnership sticks that escheat ends when no owner remains.
Related resources
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- Real estate glossary hub
Browse all published national glossary entries.
- Florida exam topic hub
Florida-specific explainers and question sets for this topic area.
Sources
- Cornell LII: escheat(Cornell Legal Information Institute)