If an intestate decedent has no heirs, what happens to the estate?

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When an intestate decedent—someone who has died without a will—has no heirs, the estate is subject to the legal principle of escheat. This means that the assets and property of the deceased will pass to the state or county. Escheat serves as a mechanism to ensure that property does not remain ownerless and is ultimately utilized for public benefit.

In Minnesota, as in many other jurisdictions, if a person dies without a will and has no identifiable heirs, the state takes possession of the estate. This process is typically governed by state laws, which outline how and when this transfer occurs. Additionally, the term "heirs" usually refers to immediate relatives or those defined by the state's intestacy laws, such as children, parents, or siblings. In the absence of those connections, the estate will escheat.

The other options do not accurately reflect the legal process in the case of an intestate decedent without heirs. Distant relatives may sometimes inherit if they are found, but if no heirs exist, the estate cannot be distributed among them. Clearing the estate of claims does not address the issue of ownership in the absence of any heirs. Finally, it is not permissible for the estate to pass to the executor's family

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