Texas Property Code 71.002 – Presumption of Death
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Terms Used In Texas Property Code 71.002
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Personal property: All property that is not real property.
An individual is presumed dead for the purpose of determining if the individual’s real or personal property is subject to escheat if the individual:
(1) is absent from the individual’s place of residence for seven years or longer; and
(2) is not known to exist.
