How can the Slayer statute rule affect an heir’s right to inherit from a decedent’s estate? - Florida
The Short Answer
In Florida, an heir (or any beneficiary) who unlawfully and intentionally kills the decedent can be disqualified from inheriting from that decedent’s estate. When the rule applies, Florida treats the killer as though they predeceased the decedent, and the estate is distributed to the next eligible beneficiaries.
What Florida Law Says
Florida’s “Slayer Statute” is designed to prevent someone from profiting from a wrongful killing. It can affect inheritances under a will, intestate succession (no will), survivorship property (like joint accounts or tenancy by the entirety), and even contractual beneficiary designations such as life insurance—depending on how the asset passes and what the court finds.
The Statute
The primary law governing this issue is Fla. Stat. § 732.802.
This statute establishes that a person who unlawfully and intentionally kills (or participates in procuring the death of) the decedent cannot receive benefits because of the death, and the property generally passes as if the killer had died first.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Distributions can occur quickly in probate and through non-probate transfers; once assets are paid out or transferred, disputes can become more expensive and harder to unwind.
- Burden of Proof: If there is no murder conviction, the probate court can still decide whether the killing was unlawful and intentional under a civil standard (“greater weight of the evidence”) under Fla. Stat. § 732.802(5).
- Exceptions: The statute can interact differently with joint ownership and survivorship rights (including severance concepts) and may not automatically bar innocent relatives of the killer from inheriting, which can change who ultimately receives the estate.
Trying to handle this alone can lead to preventable mistakes—especially where there are competing heirs, disputed facts, or assets passing outside probate.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.