In what situation might an unclaimed estate NOT escheat to the state?

An unclaimed estate may not escheat to the state if there are identifiable heirs or if a will is present. When identifiable heirs are found, those individuals have the legal right to inherit the estate, thereby preventing it from going to the state through escheat. Likewise, if a will exists, it typically outlines the distribution of the deceased person's assets, directing them to specific heirs or beneficiaries. Both scenarios ensure that the estate does not become property of the state, as there are legitimate claimants who can lay claim to the assets.

In contrast, if an estate is worth less than a certain value, it does not automatically prevent escheat; it can still escheat if no heirs are found, unless state law dictates otherwise. Thus, the presence of identifiable heirs and a valid will serve as critical factors that uphold the individuals' rights to the estate, keeping it from reverting to state ownership.