The California slayer rule prevents a person who intentionally and feloniously kills someone from inheriting from that person’s estate, trust, life insurance policy, or other assets. In most cases, the law treats the killer as though they died before the victim, which allows the inheritance to pass to alternate heirs or beneficiaries instead.
Although slayer rule cases are uncommon, they can create difficult probate questions. Courts may need to decide who receives the assets, whether a criminal conviction is required, and how the estate plan should be administered after a beneficiary is disqualified.
What Is the California Slayer Statute?
The California slayer statute, often called the slayer rule, is designed to stop people from profiting from intentional wrongdoing. Under California Probate Code sections 250 through 254, someone who intentionally and feloniously kills another person is generally barred from receiving financial benefits connected to the victim’s death.
The slayer rule can apply to:
- Wills
- Trusts
- Intestate inheritance
- Life insurance proceeds
- Joint tenancy property
- Payable-on-death accounts
In practical terms, the law redirects the inheritance away from the disqualified person and toward the next eligible recipient.
How the Slayer Rule Affects Wills and Inheritance in California
How inheritance passes after the slayer rule applies depends on the estate plan. If the victim had a valid will or trust, the court generally treats the disqualified person as having predeceased the victim, then follows the document’s alternate distribution terms. That may include:
- Alternate beneficiaries named in the will or trust
- Contingent heirs
- Remaining beneficiaries under a residuary clause
If there is no backup beneficiary listed, the property may pass under California intestacy laws.
What Happens if There Is No Will?
If someone dies without a will, California intestate succession laws decide who inherits. The slayer rule still applies, so a spouse, child, or other relative who intentionally and feloniously caused the death may be removed from the line of inheritance.
The estate would then pass to the next eligible heirs under California probate law, as though the disqualified person had died first.
Can the Slayer Rule Apply Without a Criminal Conviction?
Yes. A probate court may apply the California slayer rule even without a criminal conviction. Even if criminal charges are dismissed, reduced, never filed, or result in an acquittal, a California probate court may still determine that the killing was intentional and felonious under a civil standard.
In probate proceedings, the court may apply the slayer rule using a “preponderance of the evidence” standard. This standard is lower than the “beyond a reasonable doubt” standard used in criminal court.
This means a person may avoid a criminal conviction but still lose inheritance rights in probate court.
What States Have a Slayer Statute?
California is one of many states with a slayer statute or similar inheritance rule. Nearly every state has some version of a slayer statute or a similar legal doctrine preventing someone from inheriting after intentionally causing another person’s death.
While the details vary by state, these laws generally follow the same principle: a person should not financially benefit from intentionally killing another person.
Why Estate Planning Still Matters
The slayer rule addresses a specific inheritance problem, but it does not replace a clear estate plan. Families may still face disputes over backup beneficiaries, probate administration, beneficiary designations, and who has authority to manage the estate.
A well-drafted estate plan can name alternate beneficiaries, clarify who should inherit, and reduce uncertainty if a primary beneficiary dies, becomes disqualified, or cannot receive property.
Frequently Asked Questions About the California Slayer Rule
Can a murderer inherit from their victim?
Generally, no. Under California’s slayer rule, a person who intentionally and feloniously kills someone is usually treated as though they died before the victim. That means the person is typically barred from receiving inheritance or financial benefits tied to the victim’s death.
Does the slayer rule only apply to murder for inheritance?
No. The rule is not limited to cases where inheritance was the motive. If the court finds that the killing was intentional and felonious, the person may be disqualified from receiving benefits connected to the victim’s death, even if the killing was not committed for financial gain.
Can the slayer rule affect who manages the estate?
Yes. California law may also prevent the killer from serving in a role named in the estate plan, such as executor, trustee, guardian, conservator, or custodian. In that situation, the court or governing document may need to identify another qualified person to serve.
Protect Your Family’s Wishes With a Clear Estate Plan
Inheritance disputes and probate litigation can become complicated quickly, especially when allegations of wrongdoing affect who may inherit. A carefully prepared estate plan can make your wishes clear and reduce confusion for the people you leave behind.
At Biddle Law, we help California families create and update wills, trusts, and estate plans tailored to their goals. Contact us today to review your current plan or create an estate plan that protects your intended beneficiaries.