Escheat: The State as the Final Heir
This is one of the shortest statutes in the probate code, but the concept is straightforward. When every other category of heir has been exhausted and no family members qualify to inherit, the estate goes to the state.
If no one is qualified to claim the estate under this article, the intestate estate passes to the state.
A.R.S. § 14-2105In practice, escheat is rare. The inheritance rules reach broadly through the family tree. They cover descendants, parents, siblings, grandparents, and even distant cousins. For the state to inherit, every one of those categories must have no surviving members.
How This Connects to Survival Requirements
The 120-hour survival rule under A.R.S. § 14-2104 contains an important safeguard that references this statute. If applying the survival requirement would cause the estate to escheat (because every potential heir would be disqualified), the survival rule is set aside. The law would rather have a relative inherit than allow the state to take an estate on a technicality.
For most families, this statute is unlikely to apply. But it reinforces an important point: without a will or living trust, you have no control over where your assets end up.
Unclaimed Assets Beyond the Estate
Escheat does not only apply to the probate estate. Unclaimed assets such as bank account balances, life insurance proceeds with no valid beneficiary, and forgotten retirement accounts can also pass to the state. Items in a safe deposit box may go unclaimed if family members do not know about them.
Keeping records of your accounts, including your social security number-linked financial accounts, helps your family locate everything. A simple list of bank account numbers, life insurance policies, and retirement accounts can prevent assets from becoming unclaimed.
When family members know where to look, the risk of property going to the state drops significantly. Proper planning protects what you have built.