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 Rhode Island, 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 Rhode Island's statutes, which have codified the common law doctrine of escheat. The state's General Laws outline the procedures for escheatment and the handling of unclaimed or abandoned property. Rhode Island law provides a mechanism for potential heirs or rightful owners to claim escheated property within a certain time frame, which acts as a statute of limitations. The specific rules and time limits for claiming such property can vary depending on the type of asset. If no claims are made within the prescribed period, the property permanently becomes state property, typically benefiting the state treasury. It is important for individuals to consult with an attorney for specific guidance on escheat laws in Rhode Island, especially if they believe they have a claim to escheated property.