What Is the California Slayer Rule?
If you kill someone, can you still collect an inheritance from them? Under California law, almost never. The California slayer rule, codified at Probate Code § 250, strips a person who feloniously and intentionally kills the decedent of any right to inherit — whether the property would have passed by will, by intestacy, or through a trust, joint account, or life insurance policy.
This doctrine shows up constantly on the California Bar Exam’s Wills & Succession questions, and it also matters in real life: families sorting out an estate after a violent death need to know exactly who is disqualified, and why.
The slayer rule, defined: a person who feloniously and intentionally kills the decedent is treated as if they died before the decedent for every purpose under the Probate Code — wills, intestacy, joint tenancy, insurance, and trusts alike (Prob. Code § 250).
The Three Elements of the Slayer Rule
Probate Code § 250 has a narrow, specific trigger. Three things matter:
- Intent. The killing must be “felonious and intentional.” Murder (first or second degree) and voluntary manslaughter qualify. Involuntary manslaughter — a negligence-based homicide — does not trigger the rule at all.
- Proof. A criminal conviction (including a guilty plea) is conclusive in probate court; no further inquiry is allowed. Without a conviction, the probate court can still apply the rule if a preponderance of the evidence shows a felonious, intentional killing (Prob. Code § 254(b)).
- Effect. The killer is legally treated as having predeceased the victim. If the killer had children, the anti-lapse statute may let those children step into the killer’s place — but only if they independently qualify as the decedent’s issue.
Here’s the trap most bar exam takers fall into: an acquittal in criminal court does not stop the slayer rule. Criminal court uses “beyond a reasonable doubt”; probate court uses the much lower “preponderance of the evidence” standard. Someone acquitted of murder can still be barred from inheriting in probate.
The Slayer Rule Reaches Beyond Wills
Because § 250 disqualifies a killer from taking property “in any way under the probate code,” the rule is not limited to wills or intestacy. It also reaches:
- Joint tenancies with right of survivorship (JTWROS) — the killer’s would-be survivorship interest reverts to the decedent’s estate instead.
- Pay-on-death (POD) and transfer-on-death accounts.
- Life insurance beneficiary designations — proceeds pass to a contingent beneficiary or back to the estate.
- Revocable trusts and other non-probate transfers.
A killer cannot dodge the slayer rule by titling assets outside of probate. That is precisely the loophole § 250’s broad language was written to close.
Worked Example: The JTWROS House
Testator T and his wife W own a $500,000 house as joint tenants with right of survivorship. T’s will separately leaves W his $200,000 savings account. W murders T and is convicted of second-degree murder.
- The house: Normally, W would automatically take the whole house by survivorship. But § 250 bars W from taking any property “under the probate code,” including JTWROS interests. W is treated as having predeceased T, so T’s one-half interest in the house passes to T’s estate — not to W.
- The savings account: W is also barred as a beneficiary under T’s will. The $200,000 passes under T’s residuary clause or, absent one, by intestacy.
- Bottom line: W walks away with nothing from T’s estate, despite being the named JTWROS survivor and will beneficiary, because the slayer rule reaches both probate and non-probate transfers.
Elder Abuse Forfeiture (Probate Code § 259)
California has a second, related bar aimed at people who abuse elders or dependent adults — even if the abuse never caused death.
| Slayer Rule (§ 250) | Elder Abuse Forfeiture (§ 259) | |
|---|---|---|
| Trigger | Felonious, intentional killing | Physical abuse, neglect, isolation, or financial exploitation |
| Standard without a conviction | Preponderance of the evidence | Clear and convincing evidence |
| Must cause death? | Yes (by definition) | No — abuse alone is enough |
| Who’s protected | Any decedent | Elders (65+) and dependent adults |
An “elder” is anyone 65 or older; a “dependent adult” is someone 18 or older who is developmentally disabled or physically incapacitated and unable to manage their own care or finances (Welf. & Inst. Code § 15610.27). Abuse includes physical harm, neglect, financial exploitation, isolation from family, and abandonment. If clear and convincing evidence shows the abuser acted in bad faith — recklessly, oppressively, fraudulently, or maliciously — they are barred from inheriting, full stop, even if the elder later died from an unrelated illness.
One Thing California Does Not Punish: Abandonment
Unlike some states, California has no statutory bar for simple abandonment. A son who walked out on his elderly mother decades ago and never returned can still inherit from her under a will or by intestacy — unless his conduct also rises to the level of elder abuse under § 259. Abandonment alone is not enough.
Frequently Asked Questions
Does a not-guilty verdict protect an heir from the slayer rule?
No. A criminal acquittal only means the prosecution didn’t prove guilt beyond a reasonable doubt. Probate court can still apply the slayer rule using the lower preponderance-of-the-evidence standard under Probate Code § 254(b).
Can a killer’s children still inherit?
Sometimes. The killer is treated as predeceased, and California’s anti-lapse statute may substitute the killer’s own children for the killer’s share — but only if those children independently qualify as the decedent’s issue under the statute.
Does elder abuse forfeiture require the abuse to have caused death?
No. Probate Code § 259 bars an abuser from inheriting regardless of the actual cause of death, as long as clear and convincing evidence shows abuse, neglect, isolation, or financial exploitation occurred.
Key Takeaways
- Probate Code § 250 bars anyone who feloniously and intentionally kills the decedent from inheriting by will, intestacy, or non-probate transfer.
- A conviction is conclusive; without one, probate court applies a preponderance-of-the-evidence standard — lower than the criminal standard, so acquittal doesn’t protect the killer.
- Involuntary manslaughter (negligence) does not trigger the slayer rule.
- Elder abuse forfeiture (§ 259) requires clear and convincing evidence and does not require the abuse to have caused death.
- California does not bar inheritance for mere abandonment.
This article is educational and is not legal advice. Consult a licensed California attorney about your situation.
Related guides
- California’s surviving spouse intestate share
- the 120-hour survival rule
- per capita with representation under § 240
- testamentary power at death