Understanding the Problem
An heir or beneficiary may ordinarily receive property through a will, intestate succession, survivorship ownership, or a beneficiary designation. When that person caused the decedent’s death, however, North Carolina law may cut off the inheritance or death benefit and redirect it to the people who would have received it if the person responsible had died first.
Apply the Law
Key Requirements
A “slayer” includes a person convicted as a principal or accessory before the fact of a willful and unlawful killing, a person who enters a qualifying guilty or no-contest plea, a person found responsible by a preponderance of the evidence in a timely civil action, or a juvenile adjudicated delinquent for qualifying conduct. A person found not guilty by reason of insanity is excluded from the definition. N.C. Gen. Stat. § 31A-3.
A civil action ordinarily must be brought within two years after the decedent’s death. If a criminal proceeding begins within that period, the civil action may be filed within 90 days after the criminal proceeding’s final determination or within the original two-year period, whichever is later. The party seeking to establish slayer status bears the burden of proof. N.C. Gen. Stat. § 31A-3(3)d.
What the Statutes Say
- Will or intestate estate: The slayer is treated as having died immediately before the decedent and cannot receive property by will, intestacy, or a surviving spouse’s common-law or statutory rights. N.C. Gen. Stat. § 31A-4.
- Tenancy by the entirety: One-half passes to the decedent’s estate. The slayer holds the other half during the slayer’s life, and that half passes at the slayer’s death to the decedent’s heirs or devisees. N.C. Gen. Stat. § 41-64(b).
- Other survivorship property: The decedent’s share generally passes to the decedent’s estate, while the slayer’s share is subject to statutory limits that prevent the slayer from receiving the decedent’s share by survivorship. N.C. Gen. Stat. § 31A-6.
- Insurance and annuity proceeds: Proceeds payable to the slayer are paid as though the slayer predeceased the decedent. If no alternate beneficiary is named, the proceeds are paid to the decedent’s estate. N.C. Gen. Stat. § 31A-11.
Analysis
Process & Timing
The personal representative or another interested party should identify the property that might otherwise pass to the accused person and obtain the relevant criminal-court records, account agreements, deeds, policies, beneficiary designations, and estate documents. If no qualifying criminal disposition establishes slayer status, an interested party may need to bring the civil action authorized by § 31A-3 before the applicable deadline. After slayer status and the affected ownership interests are determined, the personal representative can distribute estate property and complete the estate accounting.
Exceptions & Pitfalls
The slayer’s children or other issue are not automatically disqualified merely because of their relationship to the slayer. For intestate property, living issue may take per stirpes if they would have inherited had the slayer predeceased the decedent; property passing under a will is governed by the applicable will and statutory rules. N.C. Gen. Stat. § 31A-4(2)–(3).
Another pitfall involves transfers made before slayer status is adjudicated. A person who acquires property from the slayer for adequate consideration and without notice of circumstances implicating the statute may be protected, although the slayer must hold the consideration for those entitled to the property. N.C. Gen. Stat. § 31A-12.
Conclusion
North Carolina law bars a person determined to be a slayer from benefiting from the decedent’s death and generally treats that person as having died first. The key threshold is proof of a willful and unlawful killing through a qualifying criminal disposition, juvenile adjudication, or timely civil action. The next step is to identify each affected asset and beneficiary arrangement, preserve relevant records, and seek prompt probate advice. For more detail, read our guide to North Carolina’s Slayer Statute and inheritance rights.
Talk to a Probate Attorney
If a possible slayer issue is affecting an estate, contact our probate team for a free case evaluation about the evidence, filing deadlines, affected assets, and appropriate next steps.
