We get it, the holidays can be a stressful time for all!  Before you lose your cool and go after a loved one over the holiday ham, consider how North Carolina will treat you from a probate perspective.  Here in NC, a murderer generally cannot benefit from the estate of the person that they killed.

North Carolina’s “Slayer Statute” — The Basics

North Carolina has a law informally known as the Slayer Statute.
It says that anyone who willfully and unlawfully kills another person is treated as if they died before the victim.

Why does that matter? Because someone who is “already dead” in the eyes of the law can’t inherit anything.

This applies if the killer:

• Is convicted of murder or manslaughter
• Pleads guilty or no contest
• Or is found responsible in a civil court (even without a criminal conviction)

In other words, North Carolina makes sure a killer never profits from the death they caused.

What Happens to the Victim’s Property?

If the person who died had a will, anything that was supposed to go to the killer instead goes to the next person named in the will. If the will doesn’t say who the backup heir is, North Carolina’s default inheritance rules decide where it goes.

If the person did not have a will, the estate is handled the same as if the killer had died first. Usually, the property goes to the next closest relatives of the decedent (including children of the slayer in some situations).

Joint property — like a home owned with “right of survivorship” — is treated differently. The killer keeps only their original share, and the victim’s share goes to the victim’s estate.

Can the Killer Be the Executor?

No. The executor (the person in charge of distributing the estate) must be someone who can act fairly and legally. If the killer was named executor in a will, the court replaces them.

What If There’s No Criminal Conviction Yet?

Probate often starts long before a criminal case ends. Families may worry about what to do in the meantime.

Important points:

• The estate should not distribute assets to a suspected killer until the issue is resolved.
• Other heirs can file a civil action asking the court to declare someone a “slayer” even before a criminal conviction.
• A civil court uses a lower burden of proof, meaning it can reach a conclusion faster.

This prevents estate funds from being wrongly paid out while the criminal process is still unfolding.

Why These Rules Exist

The purpose of the Slayer Statute is simple:
No one should gain financially from killing another person.

North Carolina courts and lawmakers have made it clear that protecting families and preventing “unjust enrichment” is a priority. 

Boyette Law, PLLC Can Help

At Boyette Law, PLLC, we understand that dealing with the probate process is overwhelming, regardless of the situation. We help families, executors, and heirs navigate North Carolina’s complex probate system.

Our team can:

• Review the estate
• Advise executors and beneficiaries
• Work with the courts
• Help ensure no one who caused a wrongful death benefits from it

If you need guidance, we’re here to support you with clarity, compassion, and experience. Contact us today at (984)777-3013, or email us at elizabeth@boyettelawpllc.com.

Disclaimer: This blog post is for informational purposes only and is not legal advice. Consult a licensed North Carolina attorney for advice about your specific situation.