If an individual dies without a will and without known heirs, the property passes to whom?

Prepare for the Florida Realtor Sales Associate Exam with interactive quizzes, detailed questions, and insightful explanations. Boost your confidence and ace your test!

When an individual dies without a will, known as dying intestate, and there are no surviving heirs to inherit their property, the property does not just vanish or go to the government without a legal process. Instead, it is transferred to the state through a legal process known as escheat. Escheat serves to ensure that property is not left ownerless and instead reverts to the state, which can then utilize it for the benefit of the public.

This legal principle exists to prevent unclaimed property from sitting in limbo indefinitely. The state will generally hold the property until it is claimed by rightful heirs, if any come forward in the future, or it may use the property for public benefit.

The other choices do not accurately describe the process that occurs in this situation. Eminent domain refers to the government's right to take private property for public use, with compensation, which does not apply here. A public grant typically involves the state granting property to an individual or entity, which is contrary to the situation of unclaimed property. Estoppel involves a legal principle preventing someone from arguing something contrary to a previous claim or position and is not relevant in this context. Thus, escheat is the correct answer, reflecting how property is handled when someone

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy