Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Understanding Alaska’s Slayer Statute
Under Alaska law, the slayer statute bars an individual who intentionally kills the decedent from inheriting under that person’s will or through intestate succession. The statute treats the killer as if they predeceased the decedent, redirecting their share to other heirs. You can read the full text at AS 13.12.085.
Key Elements of the Slayer Rule
- Intentional Killing: The heir must have intentionally and unlawfully caused the decedent’s death.
- Court Determination: A probate court reviews evidence under a clear-and-convincing standard to apply the slayer statute.
- Effect on Inheritance: If disqualified, the heir cannot receive any property from that estate.
Hypothetical Example
Suppose Alex was set to inherit 50% of their sibling Casey’s estate. If a court finds Alex intentionally caused Casey’s death, Alaska’s slayer statute disqualifies Alex. The 50% share then passes to other heirs under the will or, if no will exists, under intestacy rules.
Procedure in Probate Court
Interested parties (co-heirs or the personal representative) must file a petition with the probate court. Alaska courts apply a clear-and-convincing evidence standard. Once the court issues an order under AS 13.12.085, the slayer cannot obtain any share, and the estate distribution follows the next in line.
Helpful Hints
- Gather any evidence, such as police reports or medical records, to support a petition.
- File a timely petition in the probate court where the estate is open.
- Consult a probate attorney for guidance on presenting clear-and-convincing evidence.
- Review the decedent’s will or Alaska intestacy statutes (AS 13.12.010) to determine successor order.
- Be prepared for potential family disputes and extension requests by the court.