What is the term used to describe the state's power to claim the estate of a deceased person with no will or heirs?

The term that refers to the state's authority to claim the estate of a deceased individual who has no will or legal heirs is known as escheat. This legal process allows the state to take ownership of property when no one is available to inherit it, essentially ensuring that property does not remain ownerless and can be used for the public good.

Escheat serves a vital function in maintaining the allocation and management of property within a state. When a person dies intestate—meaning without a will—their assets are subject to escheat if no rightful heirs can be determined. This reflects the principle that property should ultimately benefit the community rather than remain unclaimed.

On the other hand, foreclosure deals with the process lenders employ to reclaim property when the borrower defaults on a mortgage, which is unrelated to deceased estates. Testamentary refers generally to matters concerning wills and the actions that take place after someone passes with a will, while intestate succession pertains specifically to how property is distributed to heirs when someone dies without a will, rather than to the state through escheat. Thus, escheat is the correct term for the state's claim to a deceased person's estate when there are no beneficiaries.