Understanding the Texas “Slayer Rule” Under Estates Code § 201.058

Most people assume that if they are named in a will, they automatically inherit when someone dies. But Texas law recognizes an important exception that sounds like it belongs in a crime novel:

You generally cannot profit from killing the person who left you property.

This principle—often called the “Slayer Rule”—is codified in the Texas Estates Code and can dramatically change how an estate is distributed.

If you are involved in a probate dispute involving criminal conduct, this rule may determine who ultimately receives thousands—or even millions—of dollars in property.

Let’s break it down.

The Texas Slayer Rule: Estates Code § 201.058

Texas’s version of the Slayer Rule appears in Texas Estates Code § 201.058, which provides in relevant part:

“A person who is convicted and sentenced as a principal or accomplice in willfully bringing about the death of the decedent is not entitled to any of the decedent’s estate.”
(Tex. Est. Code § 201.058(a))

In plain English:

If you are convicted of intentionally causing someone’s death, you lose your right to inherit from them.

This applies whether the inheritance comes from:

• A will
• A trust
• Intestate succession (no will)
• Beneficiary designations
• Community property interests

Texas law treats the killer as if they had died before the victim.

What Counts as “Willfully Bringing About” a Death?

The statute requires more than mere involvement. It applies only when someone:

• Is convicted, and
• Is sentenced, and
• Acted intentionally or knowingly

Negligence, accidents, or self-defense generally do nottrigger the Slayer Rule.

For example:

Likely Applies

• Murder
• Capital murder
• Intentional manslaughter
• Conspiracy to kill
• Hiring a hitman

Usually Does NOT Apply

• Car accidents
• Medical negligence
• Justified self-defense
• Accidental shootings

Without a criminal conviction, the statute usually cannot be enforced automatically.

What If There Is No Criminal Conviction?

This is where probate litigation gets interesting.

If criminal charges are never filed—or the case ends without conviction—the statute may not technically apply. However, Texas courts may still impose equitable remedies.

Courts sometimes rely on trust principles and public policy to prevent unjust enrichment, even without a conviction.

In extreme cases, courts have imposed:

• Constructive trusts
• Equitable forfeiture
• Disinheritance by judicial order

These cases are complex and highly fact-specific.

How the Property Is Redistributed

When the Slayer Rule applies, the killer is treated as if they predeceased the decedent.

Texas Estates Code § 201.058(b) states:

“The estate passes as if the person causing the death had predeceased the decedent.”

This means:

If There Is a Will

• Property passes to alternate beneficiaries
• Residuary beneficiaries inherit
• Contingent heirs step in

If There Is No Will

• The estate follows Texas intestacy rules
• Children, parents, siblings, or relatives may inherit

The disqualified beneficiary gets nothing.

Does This Apply to Life Insurance and Retirement Accounts?

Yes—often.

Although insurance and retirement plans are governed by contract, Texas courts frequently apply Slayer Rule principles to:

• Life insurance policies
• IRAs and 401(k)s
• Payable-on-death accounts
• Transfer-on-death accounts

Courts may redirect proceeds to contingent beneficiaries or the estate.

If no alternate beneficiary exists, litigation is likely.

What About Community Property?

Texas is a community property state, which complicates matters.

If spouses own community property and one spouse kills the other:

• The killer may lose inheritance rights
• Courts may still award the victim’s share to heirs
• The killer’s community interest may be restricted

Texas courts try to prevent the wrongdoer from benefiting—even indirectly.

Why This Rule Matters in Real Probate Disputes

Although rare, Slayer Rule cases do arise in real Texas probate courts, especially when:

• There is a history of domestic violence
• Large estates are involved
• Multiple heirs are competing
• Criminal proceedings are pending
• Insurance proceeds are substantial

These cases often combine:

• Probate law
• Criminal law
• Trust law
• Civil litigation
• Equity doctrines

They are among the most complex probate disputes in Texas.

Can a Killer Ever Inherit Anyway?

In limited circumstances, yes.

For example:

• The conviction is overturned
• The person is acquitted
• Charges are dismissed
• The death is ruled accidental
• Self-defense is established

Without a qualifying conviction, automatic disqualification may not occur.

However, heirs may still challenge inheritance in civil court.

Practical Advice for Families and Executors

If you are involved in an estate where criminal conduct is alleged:

For Executors

• Do not distribute assets prematurely
• Monitor criminal proceedings
• Consult counsel before paying beneficiaries

For Heirs

• Preserve evidence
• Track court records
• File objections if necessary

For Families

• Update estate plans
• Name alternate beneficiaries
• Consider trusts for risk management

Mistakes in these cases can create personal liability.

Why Texas Has the Slayer Rule

The purpose is simple:

No one should profit from wrongdoing.

Texas follows the long-standing legal principle that:

“A person may not benefit from their own wrong.”

The Slayer Rule enforces this idea in the probate context.

When to Contact a Texas Probate Attorney

You should seek legal advice if:

• A beneficiary is under criminal investigation
• Probate is delayed by criminal proceedings
• Insurance proceeds are disputed
• Heirs are contesting distributions
• An executor is unsure how to proceed

These cases move quickly and mistakes are difficult to undo.

Final Thoughts

The Texas Slayer Rule is one of the most unusual—and powerful—rules in probate law.

While it rarely applies, when it does, it can completely rewrite an estate plan overnight.

If criminal conduct and inheritance intersect in your case, professional guidance is essential.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.