Detailed Answer
Under North Dakota law, the Slayer Statute appears at NDCC §30.1-19-03. It disqualifies any person who feloniously and intentionally kills a decedent from receiving property or benefits from that person’s estate. Once a court determines that an heir qualifies as a “slayer,” the court treats that individual as if they predeceased the decedent. The disqualified heir’s share then passes to the remaining heirs according to the will or North Dakota’s intestacy rules.
How the Slayer Statute Works
- Statutory Trigger: An heir must have feloniously and intentionally caused the decedent’s death.
- Civil Standard of Proof: The probate court applies a preponderance of the evidence standard, which is lower than the criminal standard.
- Effect on Inheritance: The slayer loses all rights to real property, personal property, and devise under the decedent’s will.
- Per Stirpes Distribution: If multiple heirs exist, the slayer’s share redistributes among their descendants or next entitled beneficiaries.
Court Proceedings
Any interested party may petition the probate court to apply the Slayer Statute. The court holds a hearing and reviews evidence. Even if a criminal court acquits the heir, the probate court can still disqualify under the civil standard. Once disqualified, the court issues an order directing the personal representative to exclude the slayer from distribution.
Related Benefits and Claims
The Slayer Statute also bars the killer from receiving wrongful death proceeds or intestate share, but life insurance proceeds may remain payable if the policy does not incorporate the slayer rule. However, insurers often include a slayer clause and will deny benefits accordingly.
Disclaimer: This article does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Review NDCC §30.1-19-03 for the exact statutory language and definitions.
- Gather clear evidence before petitioning the court to invoke the Slayer Statute.
- Understand that probate courts use a civil burden of proof, not criminal standards.
- Check whether life insurance policies contain anti-slayer clauses.
- Consult an estate attorney promptly to protect the interests of other heirs.