How can the Slayer statute rule affect an heir’s right to inherit from a decedent’s estate? - Pennsylvania
The Short Answer
In Pennsylvania, an heir (or beneficiary) who is legally considered a “slayer” is barred from receiving property or any benefit that results from the decedent’s death. In practice, the law treats the slayer as if they died before the decedent, and the inheritance is redirected to the next eligible heirs or beneficiaries.
What Pennsylvania Law Says
Pennsylvania’s Slayer provisions are designed to enforce a core public policy: no one should profit from wrongdoing connected to a death. If a person’s conduct meets the legal definition of a slayer, they are disqualified from taking under intestacy (heirship), under a will (devise/legacy), and in other inheritance-like transfers that would otherwise benefit them because of the decedent’s death.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 8802.
This statute establishes that no slayer may acquire property or receive any benefit as a result of the decedent’s death, and the property must pass instead under the follow-on rules in Pennsylvania’s Probate Code.
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: Estate administration and distribution move on court-driven timelines, and once assets are distributed, unwinding transfers can become significantly harder and more expensive.
- Burden of Proof: Whether someone qualifies as a “slayer” can turn on criminal case status, admissible evidence, and how the Orphans’ Court applies the Probate Code to the facts.
- Exceptions: The “as if predeceased” rule can interact with will language, contingent beneficiaries, survivorship clauses, and non-probate transfers in ways that change who ultimately receives the property.
Trying to handle this alone can lead to procedural errors, delayed distributions, or litigation that reduces the estate’s value. A Pennsylvania probate attorney can evaluate whether the Slayer rule applies, identify which assets are affected, and protect the estate (or your inheritance rights) in Orphans’ Court.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania 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.