The Slayer Statute in Ohio: When a Killer Can't Inherit

What happens when the person who would inherit from someone is also the person who caused that person’s death? It’s a strange and painful question, one most families never expect to face. I’ve been administering estates since the 1990’s, and one of the saddest and most gut-wrenching estates I’ve ever handled involved what Ohio calls the “Slayer Statute”. This is the law which prevents a killer from financially benefitting from the death that they caused.

What Is Ohio’s Slayer Statute?

Ohio’s slayer rule is set out in Ohio Revised Code Section 2105.19. In general, it prevents certain people who caused another person’s death from benefiting financially from that death. The law applies to a person who is convicted of, pleads guilty to, or is found not guilty by reason of insanity for specified offenses: aggravated murder, murder, voluntary manslaughter, and certain forms of involuntary manslaughter. Substantially equivalent offenses under federal, other state, or foreign law are also covered.

This is a specific legal rule, not a general determination that anyone who is suspected of causing a death is automatically barred. Which legal findings have been made, and how the statute applies to the facts, matter. So does the process for getting there.

What Does “As If They Predeceased the Decedent” Mean?

The central consequence is that the person barred by the statute is treated, for purposes of distribution, as though they died before the person whose death they caused. They do not receive the property or benefit they otherwise would have received because of the death. Instead, the property is handled as if that person had died first. Depending on the Will, beneficiary designations, Trust terms, and applicable law, it may pass to an alternate or contingent beneficiary, through a residuary provision, or to other heirs.

For example, if a person’s Will leaves a share of the Estate to someone barred by the slayer statute, the next step is not simply to hand that share to another family member by assumption. The Will’s terms and Ohio law must be reviewed to determine who receives it. Below, we explain the basics of Ohio’s law and why this type of case requires careful legal guidance.

The Rule Reaches Beyond Probate Property

Ohio Revised Code Section 2105.19 is not limited to assets distributed through probate. It applies broadly to the decedent’s property and to money, insurance proceeds, property, or benefits payable or distributable because of the death. Depending on the asset and its governing documents, that may include Life Insurance proceeds, Payable on Death or Transfer on Death designations, joint and survivorship property, and Trust assets. The law also provides that a person who has obtained or controlled property or benefits in violation of the statute may be treated as a constructive trustee for those entitled to them.

How Does the Process Work?

The statute’s application is tied to specified outcomes in the criminal process. That means the Estate’s administration and the criminal proceedings may be underway at the same time, as they were in our case. Some Estate tasks may move forward, but when property could be affected, the Personal Representative or other responsible party must address the issue long before before making a distribution. Depending on the circumstances, that can involve the Probate Court, the terms of the relevant documents, and coordination with other proceedings, including criminal.

A Real Case From Our Practice

In the slayer statute estate that we recently managed, a very mentally ill child murdered his parent. This added multiple layers of complexity to an incredibly tragic situation. There was no Will, and so the daughter accepted the responsibility of serving as Administrator. She was grieving the loss of her parent, but also the loss of her brother to mental illness, and eventually prison. My entire firm instantly grew attached to this young woman, barely older than my daughters, out of both compassion for her circumstances and admiration for her ability to navigate this incredibly emotional journey with composure and grace.

From a legal perspective, it was a long process. We opened the estate but then had to deal with the criminal component. At various times we had to put everything on hold when the young man had to be placed into a mental facility to force him to take medicine in order to make him competent to stand trial. This particular component of the case caused multiple delays, as he tended to drift in and out of competency. This also made certain notices required under Ohio law to be complicated, as we were never quite sure whether he was competent to understand what we were asking of him.

One other complicating factor was the notoriety of the murder itself, as it received substantial attention in the press and on social media. Our fiduciary was harassed by the public, who seemingly had no compassion for her loss, and instead her family was vilified. Due to several incidents that made her afraid for her safety, we asked the Court to seal the probate estate records, so that no one could access any information about the estate. The Court was an absolute partner in this, and they quickly sealed everything from public view.

In the meantime, while we waited for the outcome of his criminal case, we filed a Declaratory Judgment action in the common pleas division of Probate Court. What this means practically is that we asked the Court to determine whether the defendant could inherit under Ohio’s Slayer statute. We filed this, and then we waited, for a long time.

Eventually the young man was tried, and convicted, of the murder. At that point, we filed a Motion for Default Judgment on the Declaratory Judgment complaint and attached the criminal court Entry finding him guilty. The Court granted the motion, and he was legally deemed to have predeceased his parent. This impacted not only the various probate assets, but all non-probate assets as well. So there was a lot of paperwork to distribute to all the various financial institutions still holding on to assets, as nothing could have been distributed before concluding this part of the process. His sister and brother inherited his share of the estate. The entire process took about three years.

Compassionate Guidance Through a Difficult Estate

An Estate involving violence can be especially painful and legally complex. Grieving family members may be dealing with criminal proceedings, questions about property and beneficiaries, and uncertainty about how the Probate Court will handle distributions. Clear guidance can help the family understand what needs to happen and avoid steps that could complicate matters further.

At the Law Offices of Laura Blumenstiel, we help families navigate Probate Administration and Estate disputes with care and practical support. We offer virtual and in-person meetings, and payment plans may be available. If you have questions about an Estate affected by Ohio’s slayer statute, contact us to discuss your situation.

Disclaimer: This article provides general information about Ohio law and is not legal advice. The outcome of a specific case can depend on the criminal proceedings, Estate documents, asset ownership, and other facts. Reading this article does not create an attorney-client relationship.