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 Arizona, if a person dies intestate (without a will) and has no identifiable heirs, the doctrine of escheat applies, whereby the deceased person's property may revert to the state government. Arizona has codified the law of escheat, moving away from common law to statutory law, which provides clear guidelines on how such property is to be handled. The Arizona Revised Statutes (ARS) outline the process for escheatment of unclaimed property to the state. This includes various types of assets such as personal property, real estate, and financial accounts. The state holds escheated property and may auction it off, but there is a period during which potential heirs or rightful owners can come forward to claim the property. The Arizona Department of Revenue is typically responsible for managing escheated property. It is important for individuals to consult with an attorney to understand the specific time frames and procedures for claiming escheated property in Arizona.