North Carolina Slayer Statute: How Killing the Decedent Stops an Heir From Inheriting

Detailed Answer

North Carolina’s “Slayer Statute” (N.C. Gen. Stat. § 31A-4 through § 31A-15) prevents a person who wilfully and unlawfully kills another from receiving any financial benefit from the victim’s death. In probate terms, the killer—called the “slayer”—is treated as though he or she died before the decedent. This legal fiction blocks the slayer from inheriting under a will, by intestacy, through joint ownership, life-insurance proceeds, or any other property interest that would pass because of the decedent’s death.

Key Effects on an Heir’s Rights

1. Probate Estate. The slayer is barred from serving as personal representative and from receiving any share under the will or intestacy (§ 31A-4(a)). The property passes to the next eligible beneficiaries.
2. Jointly Owned Real Estate. If spouses owned the home as tenants by the entirety, the slayer’s interest converts to a 50% tenancy-in-common. The decedent’s 50% passes to heirs; the slayer loses the automatic right of survivorship (§ 31A-5).
3. Joint Bank Accounts. The slayer keeps only the amount actually deposited by the slayer; the rest passes to the estate (§ 31A-7).
4. Insurance and Retirement Beneficiary Designations. The slayer cannot collect death benefits. If no contingent beneficiary exists, the money is paid to the victim’s estate, not the slayer (§ 31A-11).
5. Other Non-Probate Transfers. Pay-on-death (POD) accounts, transfer-on-death (TOD) deeds, and survivorship rights in corporate stock are all cut off (§ 31A-9).

How a Person Is Declared a “Slayer”

• Criminal Conviction. A final conviction of first- or second-degree murder or voluntary manslaughter is conclusive proof (§ 31A-3(3)).
• Civil Determination. If no criminal conviction exists—perhaps because charges were not brought or resulted in acquittal—any interested party may file a civil action in Superior Court. The court decides, by preponderance of the evidence, whether the heir “wilfully and unlawfully” killed the decedent (§ 31A-15).
• Effect of Pending Criminal Case. The probate court may delay distribution until the criminal matter ends. Executors often place disputed funds in a restricted account to protect all heirs.

Impact on the Slayer’s Descendants

Children or grandchildren of the slayer may still inherit through the victim unless other will provisions bar them. Because the statute deems the slayer predeceased, those descendants take by “right of representation” just as if their parent had died naturally.

Practical Probate Steps

1. Executor gathers evidence (indictments, police reports, witness statements).
2. Executor or interested heir files a civil “slayer action” or waits for the criminal conviction.
3. Once the court rules, the executor disburses assets to the rightful beneficiaries and files a final accounting with the clerk of court.

Helpful Hints

• Act quickly—probate deadlines still apply even when a slayer issue is pending.
• Freeze joint accounts to stop the accused heir from withdrawing funds.
• Collect certified court documents; they will satisfy the clerk without further proof.
• If you are an innocent joint owner, document all deposits you made to protect your share.
• Consider mediation for uncontested heirs once the slayer’s share is removed—this speeds distribution.

Bottom line: North Carolina’s Slayer Statute guarantees that no one profits from intentionally causing a death. If you suspect a beneficiary may be disqualified—or if you are defending your own rights—our probate team can guide you through every step, from evidence gathering to final distribution. Call (919) 341-7055 today for a confidential consultation.