If any person die seized of any real, or possessed of any personal estate, without any devise thereof, and having no heirs, or if the owner of any real or personal estate shall be absent for the term of seven (7) years, and is not known to exist, such estate shall escheat to and vest in the state: Provided, that where no will is recorded or probated in the county where such property is situate within seven years after the death of such owner, it shall be prima facie evidence that there was no will, and where no lawful claim is asserted to, or lawful acts of ownership exercised in such property for the period of seven (7) years, and this has been proved to the satisfaction of the court, it shall be deemed prima facie evidence of the death of the owner and of the failure of heirs; and the court trying the cause, may, if such evidence is not rebutted, find therefrom in favor of the state; Provided, Further, that the State may, without waiting the limit of seven (7) years, bring proceedings and escheat any such property by making proof of the death of the owner and the failure of heirs, and nonexistence of will.

R.L. 1910, § 8436.