Detailed Answer
In Arizona, the Slayer Statute (A.R.S. §14-2802) bars a person who unlawfully and intentionally kills a decedent from inheriting assets via intestate succession or a will. Under A.R.S. §14-2801, a “slayer” includes anyone who procures a killing for financial gain. The probate court enforces this rule.
The court must find by a preponderance of the evidence that the heir committed unlawful killing. A criminal conviction automatically triggers disinheritance. In a civil proceeding, the probate court can make a finding in a separate action. Once the court determines slayer status, the individual is deemed to have predeceased the decedent, and the estate passes to the next eligible heirs as though the slayer died earlier (A.R.S. §14-2803).
For example, if a decedent leaves a will naming a sibling as beneficiary but that sibling is convicted of killing the decedent, the sibling loses the inheritance. The assets then pass to other named beneficiaries or by intestacy.
The Slayer Statute also applies to life insurance proceeds and nonprobate transfers. Any beneficiary who qualifies as a slayer cannot receive policy proceeds (A.R.S. §14-2805).
Helpful Hints
- Know the legal standard. A conviction satisfies slayer status, but the probate court can decide in a civil hearing.
- Gather documentation. Police reports and court records support or defend against slayer claims.
- Consider settlement. Family members sometimes settle inheritance disputes to avoid lengthy probate battles.
- Review beneficiaries. Update estate plans to clarify beneficiary designations and reduce conflicts.
- Consult a probate attorney. A licensed attorney can navigate Arizona’s probate process and slayer rules.
Disclaimer: This article is for educational purposes and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney in Arizona.