What is the legal doctrine by which the decedent's property will pass to the state without their consent if that individual dies without a will, a…

Escheat is the common law doctrine by which real and personal property reverts to the state when an individual dies intestate (without a valid will) and has no surviving spouse, descendants, or other statutory heirs. This government power is based on the principle that all property must have an owner. If no legitimate private owner can be identified through the laws of descent and distribution, the state becomes the owner of last resort to prevent the property from becoming ownerless.

A. police power: This is the government's inherent authority to create and enforce laws to protect the public's health, safety, and general welfare, such as zoning ordinances and building codes.

B. eminent domain: This is the government's right to acquire private property for public use upon payment of just compensation to the owner, a process known as condemnation.

D. variance: This is an administrative exception granted to a property owner, allowing a use of land that deviates from the applicable zoning regulations.

1. Code of Virginia, § 64.2-200. Course of descents generally. This statute outlines the order of inheritance for an intestate decedent's estate. Subsection A.8 explicitly states: "If there is no other heir of the decedent, the decedent's estate shall pass to the Commonwealth." This is the statutory enactment of the doctrine of escheat.

2. Code of Virginia, Title 55.1, Chapter 24. Escheats Generally. This chapter (§ 55.1-2400 et seq.) provides the specific legal framework and procedures for the Commonwealth of Virginia to claim property through escheat.

3. Burke, D. B. (2018). Mastering Property Law. Carolina Academic Press. In Chapter 2, "The Acquisition of Property," the section on "Capture, Find, and Creation" discusses escheat as a fundamental method of state acquisition, stating, "If a person dies intestate and without heirs, the person’s property escheats to the state where the property is located." (This is a standard textbook used in university law programs).