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 North Carolina, if a person dies intestate (without a will) and has no heirs, the property of the deceased may escheat to the state, meaning it reverts to state ownership. This is in accordance with the state's escheat laws, which have their roots in English common law but have since been codified into statutory law. North Carolina General Statutes (NCGS) Chapter 116B governs the escheat process and outlines the procedures for the handling of unclaimed or abandoned property. The North Carolina Department of State Treasurer is responsible for the administration of escheated property. There is a period during which potential heirs or rightful owners can come forward to claim the escheated property. The specifics of the escheat process, including the time frame for claims and the treatment of different types of assets, are detailed in the state's statutes. It is important for individuals to understand these laws or consult with an attorney to navigate the escheat process and potential recovery of property.