California’s Slayer Statute decides what happens to an estate when an heir is accused of killing the person they stood to inherit from. The rule sits in Probate Code sections 250 through 259, and it often becomes the center of an inheritance dispute or wider estate litigation after a violent death.
The statute drew national attention after the December 2025 deaths of Rob Reiner and Michele Singer Reiner. Their son, Nick Reiner, was charged with two counts of first-degree murder and pleaded not guilty in February 2026. ABC News reported in October 2026 that the Los Angeles County District Attorney does not expect the trial to begin before 2027.
A charge alone does not take away inheritance rights. The bar applies only once a court finds that the killing was felonious and intentional, and the accused is presumed innocent until then.
What Is the Slayer Statute?
“Let’s talk about something in California probate law called the Slayer Statute,” Justin explains. “It’s found in California Probate Code section 250.”
At its core, the rule is straightforward:
“If someone intentionally and feloniously kills—i.e., murders—somebody else, that person is not going to be able to inherit from the victim.”
In other words, California law treats the killer as having died before the victim for inheritance purposes. The property then passes to whoever is next in line. The principle behind it is simple: no one should profit from committing murder.
How Broadly Does the Slayer Statute Apply?
One of the most important, and often misunderstood aspects of the Slayer Statute is its scope. This is not a rule limited to traditional wills.
As Justin explains, the statute applies to:
Over the years, “the Legislature has amended the statute multiple times to close any loopholes,” making it clear that creative estate planning tools cannot be used to sidestep this rule.
The intent is unmistakable: “The law is not going to allow a person to benefit from murdering another person.”
What Each Section Covers in 2027
Section 250 was last amended by AB 139, which took effect on January 1, 2016. That version remains in force heading into 2027, alongside the sections that deal with joint property and insurance.
| Asset | What happens | Probate Code |
|---|---|---|
| Wills and trusts, including being named executor or trustee | The killer is treated as having died before the victim | § 250 |
| Estates with no will (intestate succession) | The killer takes nothing | § 250 |
| Pay-on-death accounts, transfer-on-death deeds and other nonprobate transfers | The killer takes nothing | § 250 |
| Joint tenancy property and joint accounts | The survivorship right is cut off and the victim’s share passes as the victim’s property | § 251 |
| Life insurance and bonds | Paid as though the killer died before the victim | § 252 |
| Any other benefit gained through the killing | Handled under the same principles | § 253 |
Is a Criminal Conviction Required?
No. Under section 254, a final conviction for a felonious and intentional killing is conclusive. Without one, the probate court can decide the question itself.
The probate court applies a preponderance of the evidence standard, which is lower than the criminal standard of proof beyond a reasonable doubt. The burden is on the person asking the court to disqualify the heir. An acquittal or a dropped charge therefore does not automatically settle the inheritance question.
What “Felonious and Intentional” Means
The statute reaches intentional killings such as murder and voluntary manslaughter. Unintentional killings, such as involuntary manslaughter, and killings in lawful self-defense fall outside it. Questions about mental state, including legal insanity, can also affect whether a killing counts as intentional.
A Rule with a Long History
The Slayer Statute is not new. As Justin notes, “This rule’s been around for quite some time.” One of the most widely recognized applications occurred in the 1990s, following the conviction of the Menendez brothers.
Once they were convicted of murdering their parents, “they were not entitled to inherit any portion of the parents’ multimillion‑dollar estate.” That case brought national attention to a rule that has quietly guided probate courts for decades.
Why This Matters in Estate Planning and Litigation
In the wake of shocking crimes, families are often left not only with grief but with complex legal questions. Who inherits? What happens to jointly held property? How are beneficiary designations handled?
The Slayer Statute provides a critical framework for answering those questions—but applying it correctly often requires experienced legal guidance, especially when criminal cases are ongoing or when assets are held in trusts, entities, or beneficiary‑designated accounts.
Timing matters as well. Under sections 255 and 256, a buyer who pays value without notice is protected, and an insurer or bank that pays out before receiving written notice of a claim is not liable. Families often need to give written notice early and ask the probate court to hold distributions while the criminal case is pending.
A Related Rule for Elder Abuse
Section 259 applies a similar idea to abuse. A person found liable by clear and convincing evidence for physical abuse, neglect or financial elder abuse of an elder or dependent adult, and found to have acted in bad faith, can be treated as having died before the victim for certain inheritance purposes.
Common Questions
Can someone charged with murder still inherit in California?
A charge by itself does not remove inheritance rights. The bar applies once there is a final conviction for a felonious and intentional killing, or once a probate court makes that finding on its own under section 254.
Who inherits in place of the killer?
The share passes as if the killer had died before the victim, which usually means the alternate beneficiaries or the next heirs in line. For gifts under a will or trust, section 250 also switches off California’s anti-lapse rule, so the share does not pass automatically to the killer’s own descendants.
Does the statute take away property the person already owns?
No. It only blocks what would pass from the victim because of the death. With joint tenancy property, the victim’s share passes through the victim’s estate and the killer loses the survivorship right, but keeps their own share.
Final Thoughts
Tragic events may bring the Slayer Statute into the spotlight, but its purpose is enduring and principled. California probate law draws a firm line: intentional, felonious killing severs inheritance rights across all forms of estate planning.
To learn more, watch Justin M. Kincheloe, Esq.’s video as he breaks down how the Slayer Statute works and why it remains a cornerstone of California probate law.
If you have questions about probate litigation, trust disputes, or complex inheritance issues, The Estate Lawyers are here to help.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney–client relationship. If you have questions about your specific legal situation, you should consult a qualified attorney licensed to practice in your jurisdiction. This content is provided in accordance with the California Rules of Professional Conduct governing attorney advertising and public communications.
