How the Texas Slayer Statute Affects an Heir’s Right to Inherit

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

Detailed Answer

Under Texas law, the Slayer Statute prevents an individual who unlawfully and intentionally kills a decedent from inheriting from that person’s estate. The key provisions appear in the Texas Estates Code Chapter 201. A person who qualifies as a “slayer” is treated as having predeceased the decedent, as outlined below:

1. Disqualification for Inheritance

Texas Estates Code §201.001(a) states that an heir or beneficiary who intentionally and unlawfully kills the decedent loses any right to receive property from the decedent’s estate. The court must exclude the slayer from the class of heirs or beneficiaries, and the share that would have gone to the slayer is disposed of as if the slayer died before the decedent. See Tex. Est. Code §201.001.

2. Conclusive Evidence of Liability

A final criminal conviction for murder or a comparable felony involving the decedent constitutes conclusive evidence of the slayer’s liability under the Estates Code. Under §201.002, once the conviction becomes final, the probate court must apply the forfeiture rule without requiring further proof. See Tex. Est. Code §201.002.

3. Civil Forfeiture Proceeding

If there is no criminal conviction, a party can petition the probate court under §201.001(b) for a civil determination of slayer status. The court will hold a hearing to decide whether the individual unlawfully and intentionally killed the decedent. If the court finds liability by a preponderance of the evidence, it will disqualify the individual from inheriting.

4. Consequence for Estate Distribution

When a slayer is removed from the inheritance line, the estate is distributed as if that person had predeceased the decedent. For example, if a child who would have inherited is disqualified, that child’s share passes to the grandchildren per stirpes, or to other heirs according to the will or Texas intestacy rules.

5. Hypothetical Scenario

Imagine Sarah is named as a primary beneficiary in her father’s will. If Sarah is later convicted of intentionally killing her father, the probate court must enforce the Slayer Statute. Sarah’s conviction automatically bars her from receiving any inheritance. Her share is redistributed to the next eligible beneficiaries under the will or, if there is no will, under Texas Estates Code Subchapter B (Intestate Succession).

Helpful Hints

• Collect court records showing the date and nature of a conviction before probate.
• If there’s no criminal verdict, consider filing a civil petition under Tex. Est. Code §201.001(b).
• Review the decedent’s will and the Texas Intestate Succession statutes (Tex. Est. Code Chapter 201 and 202).
• Understand that forfeiture affects only the inheritance, not other civil rights like property ownership acquired before death.
• Seek guidance from a probate attorney to navigate hearings and estate administration deadlines.