Detailed Answer
Washington’s Slayer Statute Defined
Under Washington law, a person who feloniously and intentionally kills a decedent cannot inherit from that person’s estate. RCW 11.84.010 states that any gift or share a slayer would receive under a will or intestate succession automatically fails. If a slayer stands convicted of homicide, the court bars that individual from receiving any portion of the estate. The same rule applies if a court later finds by a preponderance of the evidence—or by clear, cogent, and convincing proof in certain civil proceedings—that the individual unlawfully caused the decedent’s death (RCW 11.84.010).
Impact on Wills and Intestate Succession
When a slayer loses their inheritance rights, the probate court treats the slayer as if they predeceased the decedent. The court then redistributes the disqualified share to alternate beneficiaries under the will or to heirs under intestate succession. RCW 11.84.020 specifies that the disqualified share passes to those next in line just as if the slayer had never lived at the time of the decedent’s death (RCW 11.84.020).
Civil Proceedings for Slayer Determination
Not all cases end in a criminal conviction. Interested parties—such as other heirs or the personal representative—may petition the probate court for a civil hearing. The court reviews evidence and decides by a preponderance whether the individual unlawfully killed the decedent. If it finds intentional, felonious conduct, the court disqualifies the individual from inheriting under the same terms as a criminal conviction.
Helpful Hints
- Check criminal records to confirm any homicide conviction.
- Consider filing a civil petition in probate if no criminal case exists.
- Collect police reports, witness statements, and medical records to support the petition.
- Review the decedent’s will and intestate succession rules in RCW Chapter 11.12.
- Consult a probate attorney to navigate court procedures and deadlines.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.