Slayer Rule and Domestic Violence: How to Stop a Killer From Inheriting

What the Slayer Rule Actually Does

The Slayer Rule is an equitable doctrine codified in 47 states, often under Uniform Probate Code Section 2-803. Its purpose is straightforward: a person who intentionally and feloniously kills someone cannot inherit from them. The rule can apply to wills, intestate succession, survivorship property, and life insurance proceeds. Check the state statute and account terms for how it applies to other assets.

In a domestic violence homicide, when the Slayer Rule applies, it can disqualify the perpetrator from inheriting property or receiving insurance proceeds covered by the rule. Which assets are covered and what steps are required depend on state law and the account or policy terms.

Under many statutes, the killer is treated as though they predeceased the victim for the interests covered by the rule. Proceeds or property may pass to contingent beneficiaries or, if none are named, to the victim's probate estate, depending on the governing law and terms.

You Don't Need a Criminal Conviction

This is the most important thing families of DV homicide victims need to understand: a criminal conviction is not required to invoke the Slayer Rule.

A conviction can be conclusive proof under the applicable Slayer Rule. If the perpetrator dies before trial, is acquitted, takes a plea to a lesser charge, or is never formally charged, state law may still allow a separate civil determination.

Depending on state law, a probate or civil court may independently evaluate the evidence, often under the civil standard of "preponderance of the evidence" — meaning it's more likely than not (greater than 50%) that the beneficiary intentionally and feloniously killed the decedent. This is a lower bar than the criminal standard of "beyond a reasonable doubt."

In DV homicide cases, relevant evidence may include police reports, protective orders, a documented history of abuse, medical records, witness statements, and forensic evidence. Whether it meets the civil standard depends on the evidence and state law in the particular case.

The Insurance Interpleader Problem

When a policyholder is murdered and the primary beneficiary is suspected of the killing, an insurer may hold the proceeds or file what's called an interpleader action to ask a court to resolve competing claims.

In an interpleader, the insurer asks the court to determine who is entitled to the proceeds and may deposit the disputed amount with the court. The surviving family may need to participate in the case, but the insurer's next steps and the claimants' roles depend on the case and court orders.

This process takes months to years. Meanwhile, the family is dealing with funeral costs, mortgage payments, childcare expenses, and legal fees — all without access to the life insurance money that was supposed to provide a safety net.

If you're facing an interpleader, ask an attorney which court has jurisdiction and whether a Slayer Rule petition or other claim is needed. You can also ask your state's crime victim compensation program about help with eligible expenses while the insurance dispute is resolved.

Joint Property and Survivorship Rights

Many married couples hold property — the family home, bank accounts, vehicles — as joint tenants with right of survivorship. Normally, when one joint tenant dies, the surviving tenant automatically receives full ownership.

Some state laws sever joint tenancy or survivorship interests when the Slayer Rule applies, but the result depends on state law and the title or account terms. Do not assume the rule automatically converts ownership to a tenancy in common or determines each person's share; ask a probate attorney how to protect the victim's interest.

This is critical in DV cases where the family home was jointly owned. Until ownership is resolved, the perpetrator's ability to sell or transfer an interest depends on the title, state law, and any court orders. Ask a probate attorney promptly what protections are available.

What the Family Needs to Do

Hire a probate attorney promptly. When responsibility is disputed or there is no criminal conviction, a court may need to resolve whether the Slayer Rule applies. A victim advocacy organization may be able to refer you to an attorney who handles these cases.

Preserve all evidence of the abuse and the killing. The civil standard is lower than the criminal standard, but you still need documentation. Police reports, prior protective orders, text messages, medical records, and witness statements all matter.

Notify the insurance company in writing. Put the carrier on notice that the primary beneficiary is the perpetrator and that a Slayer Rule petition is being filed. Request that they suspend any payouts pending court resolution.

Check filing deadlines promptly. Some states have deadlines for contesting beneficiary designations or invoking the Slayer Rule in probate. Your attorney can identify the applicable deadlines and the right court in your jurisdiction.

The After a Death from Domestic Violence toolkit includes a Slayer Rule action checklist, a template letter for notifying insurance carriers, and a timeline of critical legal deadlines. When someone you love has been murdered by their partner, the last thing you should have to do is research probate law — but the financial consequences of inaction are severe.