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.