No one cares about an estate — what does the state do?

[Tim Anderson]

Jurisdiction

California

What does the state do when someone dies who has a lot of stuff, but no one cares or wants to be responsible?

 

[justblue]

What does the state do when someone dies who has a lot of stuff, but no one cares or wants to be responsible?

Define "stuff"...house? clothing? jewels? furniture?

 

[army judge]

What does the state do when someone dies who has a lot of stuff, but no one cares or wants to be responsible?

If no heirs step forward, there are no living heirs, or if heirs refuse to inherit anything; the estate would eventually escheat to the state.

Escheat means, transferred to the state as unclaimed property.

 

[adjusterjack]

Escheat (origin):

"In feudal England, escheat referred to the situation where the tenant of a fee (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant-in-chief, the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land but could be re-created as a fee by enfeoffment to another of the king's followers. Where the deceased had been subinfeudated by a tenant-in-chief, the fee reverted temporarily to the crown for one year and one day by right of primer seisin after which it escheated to the over-lord who had granted it to the deceased by enfeoffment. From the time of Henry III, the monarchy took particular interest in escheat as a source of revenue."

Escheat - Wikipedia

 

[Tim Anderson]

If no heirs step forward, there are no living heirs, or if heirs refuse to inherit anything; the estate would eventually escheat to the state.

Escheat means, transferred to the state as unclaimed property.

Thanks, but I guess I'm more interested in the actual mechanics of it. Does the state appoint someone to actually liquidate all the belongings? Does that person then turn to resellers or junk removal companies to get rid of the stuff, while a landlord is tapping his foot impatiently? (I'm not a landlord, but I'm curious from the point of view of a renter.)

 

[army judge]

From the time of Henry III, the monarchy took particular interest in escheat as a source of revenue."

We can thank British Nobles for instructing our overlords and overseers for many of the techniques used on modern day US citizens.

 

[army judge]

Thanks, but I guess I'm more interested in the actual mechanics of it. Does the state appoint someone to actually liquidate all the belongings? Does that person then turn to resellers or junk removal companies to get rid of the stuff, while a landlord is tapping his foot impatiently? (I'm not a landlord, but I'm curious from the point of view of a renter.)

The process varies across the various states.

Here are a few sites where you are free to pore over the vile details that allow the state to legally acquire assets of the deceased.

https://www.sapling.com/8040339/escheat-laws-california

California Escheat Law

California Escheat & Unclaimed Property Reporting | Sovos

Estates of Deceased Persons File

Escheat: The State's Effort To Seize Property | Stimmel Law
...

 

[adjusterjack]

Does that person then turn to resellers or junk removal companies to get rid of the stuff, while a landlord is tapping his foot impatiently? (I'm not a landlord, but I'm curious from the point of view of a renter.)

That's a whole different story. The state doesn't get involved when a landlord owns the rental. It's up to the landlord to get his property cleared out.

In California, for example, the process for disposing of tenant's abandoned property is addressed by California Civil Code 1980 through 1991:

Codes Display Text (ca.gov)

And 1951.3 if tenant is deceased.

Law section (ca.gov)

 

[zddoodah]

A public administrator would be appointed.