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 Massachusetts, if a person dies intestate (without a will) and has no identifiable heirs, the property of the deceased may escheat to the Commonwealth. This means that the state can claim ownership of the property to prevent it from being ownerless. Massachusetts has codified the process of escheat within its statutes, moving away from the reliance on common law. The Massachusetts Unclaimed Property Law (General Laws Chapter 200A) governs the treatment of unclaimed or abandoned property. This law includes provisions for the reporting, delivery, and claims of unclaimed property to the state. There is a period during which potential heirs or rightful owners can come forward to claim the property before it permanently escheats to the state. The nature of the asset, whether it is personal property, real estate, or financial accounts, can affect the specific procedures and timelines for escheatment. It is important for individuals to consult with an attorney to understand their rights and obligations under Massachusetts escheat laws.