Land Use & Environmental

    Escheat

    The government power by which property passes to the state when an owner dies with no will and no heirs.

    Escheat is the process by which a deceased person's property passes to the state when the owner dies intestate (without a will) and leaves no legal heirs. It prevents property from being left with no owner.

    Escheat is one of the four government powers over property (PETE): Police power, Eminent domain, Taxation, and Escheat.

    On the exam

    When an owner dies with no will and no heirs, the property escheats to the state.

    Exam trap

    Escheat requires both no will and no heirs. If either exists, the property passes through that channel instead.

    Tested in

    Planning and Zoning (1% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.