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 Delaware, if a person dies intestate (without a will) and has no identifiable heirs, the property of the deceased may escheat, or revert, to the state. This process is governed by Delaware's escheat laws, which are codified in state statutes. These laws are designed to prevent property from being ownerless and to allow the state to take ownership of such property, which is then considered escheated property. Delaware's escheat laws cover various types of assets, including personal and real property, bank accounts, and brokerage accounts. There is typically a dormancy period, after which unclaimed or abandoned property is transferred to the state. However, Delaware law also provides a mechanism for potential heirs or rightful owners to reclaim escheated property within a certain period. This period acts as a statute of limitations for claims against escheated property. It's important for individuals to understand these laws as they can significantly impact estate planning and the distribution of assets after death.