What the Killer Loses
Under Arizona law, a person who committed a felonious and intentional killing forfeits every estate benefit. This includes:
- Any intestate share of the estate
- Any elective share, homestead allowance, family allowance, or exempt property
- Any distribution under a will or trust
- Any fiduciary role (trustee, personal representative, agent)
Joint tenancy and community property with survivorship rights are converted to tenancies in common. This prevents the killer from absorbing the deceased person's share.
How the Rule Is Applied
A conviction for murder or manslaughter (A.R.S. 13-1103 through 13-1105) establishes the killing for estate purposes. However, a conviction is not required. An interested party can ask the probate court to decide. The court uses the preponderance of evidence standard, which is lower than "beyond a reasonable doubt."
The estate can also ask the court to set up a constructive trust on the killer's property. This preserves assets during the proceedings.