Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
What Is the Slayer Statute?
Pennsylvania’s slayer statute appears in Title 20 of the Pennsylvania Consolidated Statutes at 20 Pa.C.S. § 2103. It bars any person who intentionally kills a decedent from inheriting from that person’s estate, whether by will or by intestate succession.
How the Slayer Statute Operates
If a probate court finds by clear and convincing evidence that an heir committed or procured the homicide of the decedent, the heir is deemed to have predeceased the decedent. The killer receives no share of the estate. Instead, the estate passes to the next eligible heir under state law or to contingent beneficiaries named in the will.
Example Scenario
Suppose Anna poisons her mother and a court convicts Anna of homicide. Under Pennsylvania’s slayer statute, Anna cannot inherit under her mother’s will or under Pennsylvania’s intestacy rules. The inheritance shifts to her mother’s next closest relative, such as a surviving sibling or grandchild.
Impact on Intestate Succession and Wills
Under Pennsylvania’s intestacy scheme at 20 Pa.C.S. § 2102, property passes to a surviving spouse, children, parents, or other relatives. When an heir is barred by the slayer rule, courts skip that person and distribute the share to the next in line. For wills, courts strike the slayer’s gift and treat it as though the beneficiary died before the testator, causing the property to pass under residual clauses or by intestacy.
Procedural Considerations
- File a petition in the register of wills or orphans’ court to invoke the slayer statute.
- Provide clear and convincing evidence of the homicide, such as a criminal conviction or credible witness statements.
- Attend court hearings; opposing parties may present evidence or objections.
- Obtain a written court order declaring the slayer barred from inheritance.
Helpful Hints
- Review criminal court records—conviction often streamlines the probate process.
- Collect police reports, autopsy findings, and witness affidavits to support your petition.
- Consult a qualified probate attorney promptly to navigate filing deadlines.
- Monitor statutory timelines: Pennsylvania law may impose limits on contesting estate matters.
- Keep organized records of all filings, notices, and correspondence with the court.