Mississippi Slayer Statute and the Chris McDill Law Explained

Mississippi law contains specific provisions that prevent a person responsible for another's death from profiting from that death through inheritance. These rules fall under what is commonly called the "slayer rule" — a principle that exists in virtually every state but is implemented differently in each one. Mississippi has also enacted a separate, more specific statute arising from a specific case: the Chris McDill Law.

These are niche areas of law that most families will never encounter, but when they apply, they fundamentally reshape who inherits and who controls the funeral arrangements.

The Slayer Rule in Mississippi

Mississippi's express slayer provisions are Miss. Code §§ 91-1-25 (intestate succession) and 91-5-33 (property passing under a will), supplemented by case law for benefits outside the estate.

Under those provisions, a person who wilfully causes or procures the death of another person is barred from inheriting from the victim's estate — whether through a will or intestate succession. Case law and public policy can extend the principle to survivorship rights, joint tenancy, and life insurance as a named beneficiary.

The rationale is straightforward: the legal system will not allow wrongdoers to benefit from their own crimes. A spouse who murders the other spouse cannot then claim the marital estate. A child who kills a parent is disinherited, regardless of what the will says.

Key points about the Mississippi slayer rule:

The disqualification is not automatic — it generally must be established through a legal proceeding. If criminal charges are pending, the civil estate proceeding may be stayed until the criminal case resolves, because a criminal conviction establishes the killing factually.

The property that would have passed to the killer passes as if the killer had predeceased the victim. So if a son who would have inherited a third of his father's estate is disqualified, that third passes to the son's children (the victim's grandchildren) or, if there are none, to the other heirs.

The disqualification applies not just to the estate itself but to other rights and benefits arising from the death — including, as noted in the disposition of remains law, the right to control the funeral and burial.

What about the burden of proof? In civil proceedings, the standard is typically preponderance of the evidence — more likely than not. A criminal conviction establishes that a killing occurred, but a manslaughter conviction alone is not conclusive of the willfulness required by Mississippi's slayer statutes; the estate still must prove willful causation in the civil proceeding. An acquittal in criminal court does not automatically prevent a civil disqualification, because the burdens of proof differ.

What Is the Chris McDill Law?

The Chris McDill Law is a Mississippi statute concerning intestate succession when a child is conceived through assisted reproductive technology after the decedent's death. When its statutory conditions are met, the child is treated as living at the time of the decedent's death and is entitled to a child's share of the decedent's personal property.

The law creates a procedure for the descent and distribution of that personal property. It addresses an heirship question involving posthumous assisted reproduction; it is not a life-insurance slayer rule and does not redirect murder-related insurance proceeds.

The law is named after Chris McDill and addresses the inheritance problem that arose when a child was conceived through in vitro fertilization after the father's death. It should be analyzed separately from the general slayer principle and the disposition-of-remains bar in Section 73-11-58.

How These Rules Affect Funeral and Estate Proceedings

Control of remains: Under Mississippi Code Section 73-11-58, a person adjudicated responsible for the decedent's death is specifically barred from exercising any control over the disposition of remains. This is a separate, express provision in the funeral law — not just a general slayer principle. It prevents a killer from controlling burial, cremation, or any aspect of the funeral.

Estate distribution: When a slayer disqualification is established, the Chancery Court distributes the estate as if the disqualified person predeceased the victim. This may require a formal Determination of Heirs proceeding if the disqualification significantly changes who inherits.

Joint accounts and survivorship property: Joint bank accounts with right of survivorship, joint tenancy in real property, and similar arrangements would normally pass automatically to the surviving co-owner. The slayer rule can prevent this if the surviving co-owner is the killer — the property may need to be re-characterized and distributed through the estate instead.

Posthumous assisted-reproduction heirship: The Chris McDill Law may affect intestate succession and the distribution of personal property when its statutory conditions are met.

Practical Steps When These Rules May Apply

If you are an heir or personal representative in an estate where a potential slayer disqualification exists:

1. Consult a Mississippi estate attorney immediately — this area involves both criminal and civil law interacting with probate
2. Do not allow the potentially disqualified person to take custody of property or control funeral arrangements while the situation is unresolved
3. If criminal charges are pending, the Chancery Court may stay the estate proceeding until a criminal verdict is reached
4. If no criminal charges are filed but you believe a wrongful death caused the death, a civil proceeding in Chancery Court can establish the disqualification by a preponderance of evidence
5. Notify life insurance companies and financial institutions of the potential disqualification — they may have their own claims investigation processes

These are among the most legally sensitive and emotionally difficult circumstances that can arise in an estate. Professional legal representation is essential.

The Mississippi Funeral Laws & Consumer Rights Guide covers the general framework of Mississippi intestate succession and the circumstances that can complicate it, providing the foundational context for understanding how these more unusual rules interact with standard estate administration.

See more Mississippi guides →