Dec282025
Probate Q&A Series

How can I file a petition to disqualify an heir under the slayer statute? – North Carolina

Short Answer

In North Carolina, disqualifying an heir under the “slayer statute” usually means asking the Clerk of Superior Court (in the open estate file) to enter an order treating the convicted killer as having died before the decedent, so the killer cannot inherit. The filing typically includes a written petition or motion in the estate proceeding, the criminal judgment (or other qualifying record), and a request for a hearing with notice to all interested persons. If there was no conviction and the issue must be proven in civil court, North Carolina law imposes a strict filing deadline tied to the date of death and any related criminal case.

Understanding the Problem

Under North Carolina probate administration, when an intestate estate has an appointed administrator and an heir appears to be barred from inheriting because that heir killed the decedent, the central question becomes: can a petition be filed in the estate proceeding to have the Clerk of Superior Court disqualify that heir and set the case for a hearing in the proper county? The trigger is the slayer determination (often a criminal conviction) and the relief is an order changing who receives distributions and who can benefit from the estate.

Apply the Law

North Carolina’s slayer statute is found in Chapter 31A. If a person qualifies as a “slayer” under the statute, that person is treated as having died immediately before the decedent. As a result, the slayer cannot take by intestate succession (or under a will), and the estate is administered and distributed as if the slayer predeceased the decedent. In an open estate, the Clerk of Superior Court is the main forum that supervises administration (including accountings) and typically hears petitions affecting heirship and distribution.

Key Requirements

  • Qualifying slayer status: The person must fit the statutory definition—most commonly a conviction (or guilty/no contest plea) for the willful and unlawful killing of the decedent, or a civil finding that the person willfully and unlawfully killed the decedent.
  • Proper filing and notice in the estate: The request should be filed in the existing estate file and served on the administrator and all interested persons whose shares could change if the slayer is treated as predeceased.
  • Proof attached to the petition: The filing should include the record that establishes slayer status (for example, a certified criminal judgment), because that record is commonly used as evidence in later civil proceedings involving estate property.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The estate described is intestate and has been administered for a long time by an appointed administrator, with assets that still require accounting and administration. If an heir was convicted of killing the decedent, that heir typically meets the statutory “slayer” definition, and the requested relief is an order applying the statute so that heir is treated as having predeceased the decedent. Because distributions and ongoing accounting depend on who is legally entitled to receive estate property, a slayer determination can directly affect the administrator’s duties and who must receive notice of accountings and proposed distributions.

Process & Timing

  1. Who files: An interested person whose share is affected (often another heir) or the administrator. Where: In the decedent’s existing estate file with the Clerk of Superior Court in the county where the estate is pending. What: A written petition/motion in the estate proceeding requesting an order that the individual is a slayer under Chapter 31A and is disqualified from taking; attach supporting records (commonly a certified criminal judgment) and request a hearing. When: If the filing relies on a criminal conviction/plea, it is usually raised as soon as it affects administration or distribution; if it requires a civil finding (no conviction/plea), the statute imposes a deadline: the civil action generally must be brought within two years after the decedent’s death, with a limited extension if a criminal case was initiated within that two-year period.
  2. Provide notice of the hearing to the administrator and all interested persons (including the alleged slayer and any heirs whose shares could increase or decrease). The clerk may require proof of service before proceeding.
  3. At the hearing, present evidence establishing slayer status and explain how the intestate distribution changes when the slayer is treated as predeceased. If the clerk enters an order disqualifying the heir, the administrator can update distribution planning and continue required accountings consistent with the order.

Exceptions & Pitfalls

  • Wrong type of killing: The statute focuses on a “willful and unlawful” killing. Negligent conduct that caused death generally does not qualify as “slayer” conduct under Chapter 31A, even if it led to criminal responsibility of a different kind.
  • Missing the civil-action deadline: If there is no conviction/plea and the estate relies on a civil finding, the two-year/90-day timing rules can bar the claim if the petition is filed too late.
  • Incomplete notice: Slayer determinations can change who inherits, so failing to notify all affected heirs (or the personal representative) can delay the hearing or undermine the order.
  • Assuming the slayer’s family is always cut off: Depending on the family tree and intestate rules, the slayer may be treated as predeceased and the slayer’s issue may still inherit in the slayer’s place, so the petition should address who takes instead.
  • Administration still must continue: Even when heirship is disputed, the administrator often must keep up with inventory/accounting requirements and asset management while the petition is pending.

Conclusion

In North Carolina, a petition to disqualify an heir under the slayer statute is typically filed in the existing estate file with the Clerk of Superior Court and asks for an order treating the convicted killer as having predeceased the decedent, which bars that person from inheriting. The filing should identify the estate, the heir to be disqualified, and attach the record establishing slayer status. If a civil finding is needed, the key threshold is proof by a preponderance of the evidence, and the key deadline is generally two years from the date of death. The next step is to file the petition in the estate file and request a hearing.

Talk to a Probate Attorney

If you’re dealing with an open North Carolina estate where an heir may be barred from inheriting because of a killing, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.