National Real Estate Practice Exam

Under what condition does the state take property after an owner's death?

1. When the property is abandoned

2. When no will exists and there are no heirs

3. When the property is in foreclosure

4. When taxes are unpaid

The correct answer is: When no will exists and there are no heirs

The state takes property after an owner's death primarily under the condition where no will exists and there are no heirs. This circumstance leads to a legal process known as "escheat," whereby the state claims ownership of property that does not have a designated beneficiary. If an individual dies intestate (without a will) and none of their relatives can be located or there are no relatives at all, the property cannot simply revert to the deceased owner but instead is transferred to the state. In contrast, property might be abandoned, go through foreclosure, or have unpaid taxes, but these situations do not specifically relate to the conditions following a person's death. Abandonment entails a lack of use or intention to return, foreclosure is a legal process initiated by a lender due to default on a mortgage, and unpaid taxes lead to tax liens and potential sale procedures rather than a transfer upon death. These scenarios do not satisfy the criteria for state claim following someone's death in the absence of a will and heirs.