Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Colorado law, the Slayer Statute bars any heir who feloniously and intentionally kills a decedent from inheriting from that person’s estate. The slayer is treated as if they predeceased the decedent, and their share passes to other beneficiaries or under intestacy rules.
Key Provisions of C.R.S. § 15-11-201
Colorado Revised Statutes § 15-11-201 (C.R.S. § 15-11-201) states that a person who unlawfully and intentionally causes the death of a decedent “shall be treated as if he or she had predeceased” that decedent. As a result:
- The killer cannot receive any property—whether under a will, trust, joint tenancy, beneficiary designation, or by intestacy.
- The slayer may not serve as personal representative or fiduciary in that proceeding.
- The property that would have gone to the slayer is distributed as though the slayer died before the decedent.
Application in Wills and Intestacy
If the decedent left a will naming the killer as a beneficiary, that gift lapses. The property then passes under the will’s residuary clause or, if none exists, under Colorado’s intestate succession laws (see C.R.S. § 15-11-201 and Articles 10–12 of Title 15).
When no valid will exists, the estate distributes under intestacy. The slayer’s share moves to the next eligible heirs—often the decedent’s surviving children, siblings, or parents—exactly as if the slayer had died earlier.
Joint Tenancy and Beneficiary Designations
In joint tenancies or accounts with rights of survivorship, the slayer’s interest also abates. Colorado courts treat the slayer as having predeceased the decedent, so the entire asset passes to the surviving joint tenant(s).
Proof and Court Proceedings
The probate court applies the Slayer Statute when presented with:
- A criminal conviction for the unlawful killing.
- A civil finding by a preponderance of the evidence that the heir intentionally caused the death.
Either the personal representative, another heir, or a creditor may petition the court to invoke the Slayer Statute. Once the court enters an order, the disinheritance is final.
Helpful Hints
- Gather certified court records of any criminal conviction or civil finding to support a Slayer Statute petition.
- Review the decedent’s will, trust, and beneficiary designations for clauses that address lapses or alternative beneficiaries.
- Consult with a probate attorney to file a petition if you suspect an heir has been disqualified under the Slayer Statute.
- Understand that the Slayer Statute applies equally to intestate and testate estates, as well as joint-tenancy assets.
- Remember that Colorado treats the slayer as if they predeceased the decedent, shifting the inheritance to other heirs or residual beneficiaries.