escheat

uhs-CHEET /ɪsˈtʃiːt/
nounverbC2GRELSAT
legalprofessional

The reversion of property to the state on the owner's dying without legal heirs; the process by which unclaimed property is transferred to the government.

Can be used as a noun ('the property went to escheat') or a verb ('unclaimed bank accounts will escheat to the state after five years').

The story behind the word. Comes from the Old French 'eschete', meaning 'that which falls to one', from the verb 'escheoir' (to fall). In feudal law, when a tenant died without heirs, the land 'fell back' to the lord of the manor. Over time, the royal officers who collected these lands were called 'escheators'. Because these officers were often seen as greedy and corrupt, the word was shortened in common speech to 'cheat'!

Word relationships

  • reversion: A general property term for assets returning to a former owner, whereas escheat is specifically the reversion of ownerless property to the state.
  • forfeiture: Forfeiture is a penalty for a crime or breach of contract, while escheat occurs simply because there are no legal owners.

Commonly confused with

  • cheat: Though etymologically related, 'cheat' means to deceive, while 'escheat' is a legitimate legal process of property reversion.

Word family

  • escheatment (noun): The process of transferring unclaimed property to the state.

Collocations

  • escheat to the state
  • laws of escheat
  • escheatment process

Example sentences

  • "If a bank account remains inactive for several years and the owner cannot be located, the funds will escheat to the state treasury." An article on unclaimed financial assets.
  • "Because the landowner died without a will and had no surviving relatives, the historic estate was subject to escheat." A legal dispute over a vacant, ownerless plot of land.

Memory hook

Think of 'escheat' as 'escape-it'. The money 'escapes' the family and goes straight to the state because there are no heirs. Escheat means the estate goes to the state.

When not to use

Do not use when property is seized by the government due to criminal activity (forfeiture) or non-payment of taxes (foreclosure).

Fun facts

  • The common English word 'cheat' actually comes directly from 'escheat'. Feudal escheators were so widely disliked for seizing property that their title became synonymous with dishonest behavior.

Related words

intestate, decedent, probate

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