Detailed Answer

The Slayer Statute in North Carolina prevents anyone who unlawfully kills another person from inheriting from the victim’s estate. Under North Carolina General Statutes § 31-11, a killer is treated as if they died before the victim. They cannot receive money, property or benefits under a will or by intestate succession.

Key points of the statute include:

• It applies when a person is convicted of murder or manslaughter in the killing of the decedent.
• A final criminal conviction triggers the statute. In rare cases where there is no conviction but compelling proof exists, a civil court can apply the same rule.
• The killer’s share passes to the next eligible heirs under the will or North Carolina’s intestacy rules.

How Probate Courts Enforce the Slayer Statute:

• Executors or administrators must identify any potential slayer and exclude them from distribution.
• Courts may remove a personal representative who stands to benefit and substitute an impartial administrator.
• When a will names a disqualified beneficiary, the court treats that beneficiary as having predeceased the decedent and distributes the share under the residual clauses or intestacy laws.

North Carolina law places no statute of limitations on enforcing the Slayer Statute once the criminal conviction is final. The rule ensures that no one profits from their wrongdoing and that the estate’s assets pass to lawful heirs or legatees.

For the full text of the statute, visit the North Carolina General Assembly’s website: N.C.G.S. § 31-11.

Helpful Checklist for Executors and Heirs

• Review the will and beneficiary lists for any mention of homicide or criminal proceedings.
• Confirm the status of any criminal conviction related to the decedent’s death.
• Notify the court if a beneficiary may be disqualified under the Slayer Statute.
• Seek court guidance before distributing assets if slayer issues arise.
• Identify alternate heirs under North Carolina’s intestacy laws if a beneficiary is barred.
• Document all actions taken to comply with N.C.G.S. § 31-11 to avoid future disputes.

Next Steps and Call to Action

If you administer an estate or stand to inherit and face issues related to the Slayer Statute, take prompt action. Pierce Law Group has experienced probate attorneys who guide clients through complex estate matters. Contact us today to protect your rights and ensure compliance with North Carolina law.

Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.