Escheat is the legal term used to describe the "right" of the government to take ownership of unclaimed property.
The concept of escheat is that property always has a recognized owner. If unclaimed, that ownership passes to the state or federal government as custodian if no other claimant to ownership exists or is readily identified. In the U.S., each state jurisdiction has its own laws and regulations governing escheat rights and related matters.
In most states, the escheated property is held in custody in perpetuity with no time limit for a claim to be made by the rightful owner.
In a handful of states, if no claim is made for the escheated property within a certain period of time , the state takes final ownership of the property.
I became familiar with the law of escheat when I was the Corporate Director-Taxation for a Fortune 500 company. My department was responsible for filing the unclaimed property reports for the corporation each year.
You would be surprised at how many checks that a Fortune 500 company writes that do not get cashed in a year---payroll checks, employee reimbursements, dividend checks, checks to vendors, customer credits, etc.
Other common examples of escheated property are rent and utility deposits and bank and brokerage accounts which have no activity over a period of time.
Escheat exists so that the corporation, bank or other entity that previously owned the property does not get to retain the property if unclaimed. Ownership transfers to the government for "safekeeping" until it is claimed.
Generally, payroll checks that are not cashed must be turned over to the state after one year.
Bank checks usually have a dormancy period of 3-5 years before they must be reported as unclaimed as is also the case with dormant bank accounts.
Here is the list of the dormancy rules in each state before unclaimed funds are required to be escheated to the state.
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Source: https://www.investopedia.com/terms/e/escheat.asp |
Why have I decided to write about the obscure topic of escheat when there are so many other subjects of interest these days?
My home state of Ohio just passed a new budget law that includes $600 million of funding for a new stadium for the Cleveland Browns that will be paid for out of the unclaimed property fund of the state.
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Source: https://ohiocapitaljournal.com/2025/07/01/gov-dewine-signs-off-on-using-unclaimed-funds-for-browns-stadium-future-ohio-projects/ |
The new law also allows other athletic and cultural projects in the state to tap the fund for up to 25% of their cost in the future.
Another $1.1 billion has already been allocated in the budget for other yet to be determined projects beyond the $600 million for the Cleveland stadium.
Instead of merely acting as a safekeeper of the unclaimed funds, the state of Ohio will now transfer this money to the athletic and cultural projects fund after 10 years of custody with the state.
What I found most interesting in all of this is the fact that the state of Ohio currently has almost $5 billion in its unclaimed property fund.
Ohio has a population of about 8.5 million individuals who are age 18 or older according to the 2020 census.
This means that there is on average almost $600 per capita in unclaimed funds for every potential taxpayer in the state.
$5 billion is also more than half of the $9.5 billion in state income tax revenues Ohio collected in the 2024 fiscal year.
Any way you cut it, that is a LOT of unclaimed money.
Predictably, a class action lawsuit has already been filed to block the state from accessing these funds.
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Source: https://www.cleveland.com/news/2025/07/legal-battle-erupts-over-ohios-plan-to-seize-unclaimed-money-for-new-browns-stadium.html |
The legal question to be decided is whether the 10 year grace period to claim the escheated property held by the state is sufficient to withstand an argument that it violates due process and the right of citizens to avoid having the government taking their property without just compensation.
If you live in Ohio my suggestion is to visit the website from the Department of Commerce Division of Unclaimed Funds soon where you can search the database of unclaimed funds before the 10 year grace period closes.
I actually saw that I have four small amounts of unclaimed funds in my name.
I suggest googling "unclaimed funds website" for the state you live in.
There is also a website managed by the National Association of State Treasurers that allows you to search more broadly over many U.S. states and Canadian provinces.
That website is MissingMoney.com.
Don't get escheated out of what is rightfully yours.
Someone might want to build a stadium with your money!