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A.R.S. § 14-2803

Slayer Rule: Forfeiting Inheritance Rights

Verified April 4, 202657th Legislature, 1st Regular Session

The slayer rule stops a killer from profiting through the victim's estate. The killer loses all inheritance rights. This includes intestate shares, trust payouts, and beneficiary forms. Joint tenancy and community property with right of survivorship are severed.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

The Core Principle: No Profit from Wrong

The slayer statute rests on a simple idea. A person should not benefit from killing someone.

When a person commits an intentional and felonious killing, they lose every estate-related benefit. This means they forfeit intestate shares, elective shares, homestead and family allowances, exempt property, and any payouts under a will or trust.

A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property and a family allowance.

A.R.S. § 14-2803(A)

The statute goes further than just inheritance. It also revokes any role the decedent gave the killer, such as trustee, personal representative, or agent.

Joint tenancy with right of survivorship and community property with right of survivorship convert into tenancies in common. This stops the killer's share from absorbing the victim's estate.

How the Killer Is Identified

A criminal conviction for intentional homicide proves the person is the killer for estate purposes. This covers first-degree murder, second-degree murder, or manslaughter. A conviction is not required, though.

An interested party can ask the probate court to make that finding. The court uses a "preponderance of evidence" standard. This is a lower bar than the criminal "beyond a reasonable doubt" standard.

As a result, the victim's estate can pursue forfeiture even without criminal charges or after an acquittal. The estate may also ask the court to set up a constructive trust on the killer's property. This step preserves assets while the legal process plays out.

A. A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed that person's intestate share. B. The felonious and intentional killing of the decedent: 1. Revokes any revocable: (a) Disposition or appointment of property made by the decedent to the killer in a governing instrument. (b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the killer. (c) Nomination of the killer in a governing instrument, nominating or appointing the killer to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee or agent. 2. Severs the interests of the decedent and killer in property held by them at the time of the killing as joint tenants with the right of survivorship or as community property with the right of survivorship, transforming the interests of the decedent and killer into tenancies in common. C. A severance under subsection B, paragraph 2 does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the killer unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that is relied on as evidence of ownership in the ordinary course of transactions involving that property. D. Provisions of a governing instrument are given effect as if the killer disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the killer predeceased the decedent. E. A wrongful acquisition of property...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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