What happens to property when a person dies without a will and without heirs?

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Master Texas Real Estate Principles 1. Study with engaging quizzes featuring multiple choice questions. Includes hints and detailed explanations. Get ready for success!

When a person dies without a will and without any legal heirs, the property is subject to a process known as escheat. In this situation, the state ultimately becomes the owner of the deceased person's assets. This legal process ensures that property is transferred to the state to prevent it from being abandoned or left in limbo when there are no rightful heirs to inherit it.

Escheat serves an important public policy function by helping to manage unclaimed property and ensuring that it is put to productive use. The state may utilize the property, sell it, and often channel the proceeds into public funds or programs. This process illustrates how law provides for the disposition of property to maintain societal order and accountability, especially in cases where there is no clear directive by the deceased through a will or established heirs to receive their property.

Intestate succession refers to the order of inheritance wherein property is distributed according to state law when someone dies without a will. However, this scenario specifically mentions a lack of heirs, meaning that intestate succession cannot occur. Probate is the legal process for carrying out a will and does not apply here since there is no will. Public inheritance is not a recognized legal concept in this context and does not describe how property is handled under such circumstances.

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