Florida Statute 732.802
“Killer not entitled to receive property or other benefits by reason of victim's death”
What it means
Florida's slayer statute removes every financial reward from an unlawful, intentional killing. A person who unlawfully and intentionally kills, or participates in procuring the death of, the decedent takes nothing under the will or the Probate Code — the estate passes as if the killer had predeceased the victim.
The statute sweeps past probate. It severs joint tenancies and tenancies by the entirety so the victim's share passes as the victim's own property, it strips a killer named as beneficiary of a bond or life insurance policy, and it applies the same principle to any other acquisition, including a life estate in homestead.
- Applies to a person who unlawfully and intentionally kills, or participates in procuring the death of, the decedent.
- Wills and intestacy: the killer takes no benefit, and the estate passes as if the killer predeceased the decedent.
- Joint property: the killing severs the tenancy — the decedent's share passes as the decedent's property, with no survivorship for the killer.
- A killer named as beneficiary of a bond, life insurance policy, or other contractual arrangement takes no benefit under it.
- A murder conviction in any degree is conclusive; without one, the probate court decides by the greater weight of the evidence — an acquittal does not settle it.
How it plays out
The detail that surprises families: no criminal conviction is required. The probate court applies the civil standard — greater weight of the evidence — so an estate can treat someone as the killer after an acquittal, or before charges are ever filed. When our office administers an estate with a death under investigation, distributions to the person in question wait, because §732.802(5) makes the criminal case conclusive in only one direction: a murder conviction ends the argument.
Where this shows up
Pages on this site where § 732.802 does real work:
Questions people ask
