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 Georgia, 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 Georgia's escheat laws, which are codified in the state statutes, specifically under the Disposition of Unclaimed Property Act. The Act outlines the procedures for the state to take ownership of unclaimed or abandoned property, which includes assets from bank accounts to real estate. There is a period during which potential heirs or rightful owners can come forward to claim the property before it permanently becomes state property. This period is typically five years in Georgia, after which the property is presumed abandoned and may be sold by the state. The proceeds from the sale are held for a further period, allowing potential claimants to seek recovery. If no claim is made, the funds ultimately become part of the state's treasury. It's important for individuals to understand these laws and consider estate planning to ensure their property is distributed according to their wishes.