Introduction: Can a Killer Inherit?
One of the most unsettling questions in probate law is this: can someone who kills another person inherit from the victim’s estate? The shocking truth is that people have tried, but courts across the United States apply what is known as the Slayer Statute to prevent such injustice. This law is designed to uphold a simple principle—no one should profit from their own wrongdoing.
Whether you are navigating estate planning or involved in probate litigation, understanding how the Slayer Statute works is crucial. This article will explain its history, how it applies in practice, and why families facing such tragic circumstances often need specialized legal guidance.
What Is the Slayer Statute?
The Slayer Statute, sometimes referred to as the Slayer Rule, is a legal doctrine that bars individuals who intentionally kill someone from receiving any inheritance or financial benefit from the victim’s estate.
In Michigan, this rule is codified under the Estates and Protected Individuals Code (MCL 700.2803). Other states have similar laws, and in those without a written statute, courts apply the principle under common law.
The statute applies to:
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Wills and trusts – a killer cannot inherit as a named devisee.
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Intestate succession – if the victim dies without a will, the killer is treated as though they predeceased the victim.
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Life insurance – proceeds cannot be collected by the person responsible for the death.
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Jointly held property – survivorship rights are severed.
How Courts Apply the Slayer Statute
While the principle is consistent, how the rule is applied can vary by state:
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Criminal conviction required: Some states require a conviction for murder or manslaughter.
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Civil standard of proof: Other states allow probate courts to decide based on a “preponderance of the evidence,” even if no criminal conviction exists.
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Exceptions: Killings in self-defense or accidental deaths do not trigger the rule.
For example, if a son intentionally kills his parent to speed up his inheritance, the law treats him as if he had died before the parent. The inheritance then passes to the next rightful heir.
Why the Slayer Statute Matters in Probate Cases
The Slayer Statute may sound straightforward, but in real life, it often leads to heated probate litigation. Disputes arise when:
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Families disagree over whether the killing was intentional.
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There is no criminal conviction, but strong allegations exist.
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Complex assets, such as insurance policies or joint accounts, are involved.
At The Probate Pro, we have handled cases where emotions run high and families are divided. These disputes require not just knowledge of the law but also compassion and clear strategy.
Actionable Tips for Families
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Consult a probate attorney immediately if a death involves suspicious circumstances. Probate courts move quickly, and early legal intervention is critical.
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Gather documentation such as police reports, insurance policies, and estate documents. These become vital in court.
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Avoid direct confrontation with the alleged slayer. Instead, let the legal system resolve disputes.
Conclusion: Justice in Probate Law
The Slayer Statute reinforces one of the clearest principles in probate law: crime does not pay. By treating the killer as if they predeceased the victim, the law ensures fairness in the distribution of estates.
If you are facing a probate dispute involving the Slayer Statute—or any other complex estate matter—don’t go through it alone. At The Probate Pro, we provide specialized legal counsel to guide families through even the most challenging probate cases.
📞 Call us today at (833) PROBATE or visit TheProbatePro.com to schedule a consultation.