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 Illinois, if a person dies without a will (intestate) and has no identifiable heirs, the property of the deceased (decedent) may escheat to the state, meaning it reverts to state ownership. This is in accordance with the Illinois Probate Act of 1975. The Act specifies that if, after a diligent search, no heirs are found, the property will escheat to the county where the estate is administered. The county is then responsible for using the property for the benefit of public schools. Illinois law provides a period during which potential heirs can come forward to claim the escheated property. This period is typically five years from the date of the administrator's appointment. If an heir appears within that time frame and can prove their entitlement, they may be able to reclaim the property. The escheat process in Illinois ensures that property does not remain ownerless and serves the public interest by supporting education when no heirs are present.