What must be proven in order for the state to escheat a decedent's property?

In order for the state to escheat a decedent's property, it is necessary to prove the absence of heirs. Escheat is a legal process whereby property reverts to the state when a person dies without a will and without any legal heirs. This process ensures that unclaimed property does not remain in limbo but is instead utilized by the state for public benefit.

The fundamental principle behind escheat is that if there are no heirs to inherit the property, the state has the right to take ownership. This typically follows a diligent search to ascertain whether any potential heirs exist. If no heirs are identified, the state's claim to the property is valid.

In contrast, the presence of heirs would preclude the escheat process, as those heirs would have legal rights to inherit the estate. Additionally, while property abandonment could suggest state ownership under certain circumstances, it is not a criterion for escheat regarding decedents' estates. Finally, the property being unclaimed can occur without escheat—heirs must simply be shown to be absent for escheat to be warranted.