Local Regulations

• Each jurisdiction has its own property laws. These property laws determine how a decedent's property should be distributed in the event there is no will or no one steps forward to probate the estate. Typically, these laws state that immediate survivors such as spouses and children are direct heirs and therefore can claim the property in accordance with local regulations, even if the estate isn't probated. Often, property such as real estate that may have joint ownership is already "claimed" because the joint owner already legally has possession of the deceased's property.
  
  

The Public Administrator

• Almost all jurisdictions have a public administrator. The public administrator's job is to act as a representative for the jurisdiction and handle the settlement of the estate if no one is available or willing to probate the estate. The administrator will work with professionals such as the county clerk to determine all of the property involved in the estate. The administrator then will try to contact heirs and distribute the property in accordance with state law.
  
  

No Heirs

• When the public administrator cannot find any heirs and the period for probate has passed, the property of the deceased generally reverts to the state. The state then may sell the property to cover expenses such as outstanding property taxes; if the property is up-to-date on fees, funds go into the general state treasury. The new owner takes over control of the property. It is very rare that this happens, as most people have at least one distant relative that could inherit the property. Estates with property that reverts to the state are known as escheat estates.
  
  

Considerations

• States do their best to ensure that every property of the deceased gets distributed. In some cases, it is possible for some property to be distributed and some to revert. The key is that the state has to be able to determine rightful ownership through either a will or state property laws. Additionally, although probate isn't always necessary, particularly for small estates, filing probate may speed up the distribution process.