§ 30.1-10-03 — (2-803) Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations

assets, life insurance, and beneficiary designations.
1. In this section:
a. "Disposition or appointment of property" includes a transfer of an item of property
or any other benefit to a beneficiary designated in a governing instrument.
b. "Governing instrument" means a governing instrument executed by the decedent.
c. "Revocable", with respect to a disposition, appointment, provision, or nomination,
means one under which the decedent, at the time of or immediately before death,
was alone empowered, by law or under the governing instrument, to cancel the
designation, in favor of the killer, whether or not the decedent was then
empowered to designate the decedent in place of the decedent's killer or the
decedent then had capacity to exercise the power.
2. An individual who intentionally and feloniously kills the decedent forfeits all benefits
under this title with respect to the decedent's estate, including an intestate share, an
elective share, an omitted spouse's or child's share, a homestead allowance, exempt
property, and a family allowance. If the decedent died intestate, the decedent's
intestate estate passes as if the killer disclaimed the killer's intestate share.
3. The intentional and felonious killing of the decedent:
a. Revokes any revocable disposition or appointment of property made by the
decedent to the killer in a governing instrument, provision in a governing
instrument conferring a general or nongeneral power of appointment on the killer,
and nomination of the killer in a governing instrument, nominating or appointing
the killer to serve in any fiduciary or representative capacity, including a personal
representative, executor, trustee, or agent.
b. Voids the interests of the killer in property held with the decedent at the time of
the killing as joint tenants with the right of survivorship.
4. The voided interest under subdivision b of subsection 3 does not affect any third-party
interest in property acquired for value and in good-faith reliance on an apparent title by
survivorship in the killer unless a writing declaring the voided interest has been noted,
registered, filed, or recorded in records appropriate to the kind and location of the

property that are relied upon, in the ordinary course of transactions involving the
property, as evidence of ownership.
5. Provisions of a governing instrument are given effect as if the killer disclaimed all
revoked provisions revoked by this section or, in the case of a revoked nomination in a
fiduciary or representative capacity, as if the killer predeceased the decedent.
6. A wrongful acquisition of property or interest by a killer not covered by this section
must be treated in accordance with the principle that a killer cannot profit from any
wrong.
7. After all right to appeal has been exhausted, a judgment of conviction establishing
criminal accountability for the felonious and intentional killing of the decedent
conclusively establishes the convicted individual as the decedent's killer for purposes
of this section. In the absence of a conviction, the court, upon the petition of an
interested person, must determine whether, under the preponderance of evidence
standard, the individual would be found criminally accountable for the felonious and
intentional killing of the decedent. If the court determines that, under that standard, the
individual would be found criminally accountable for the felonious and intentional killing
of the decedent, the determination conclusively establishes that individual as the
decedent's killer for purposes of this section.
8. a. A payer or other third party is not liable for having made a payment or transferred
an item of property or any other benefit to a beneficiary designated in a governing
instrument affected by an intentional and felonious killing, or for having taken any
other action in reliance on the validity of the governing instrument, upon request
and satisfactory proof of the decedent's death, before the payer or other third
party received written notice of a claimed forfeiture or revocation under this
section. A payer or other third party does not have a duty or obligation to make
any determination as to whether the decedent was a victim of a felonious killing
or to seek any evidence with respect to a felonious killing even if the
circumstances of the decedent's death are suspicious or questionable as to the
beneficiary's participation in any such felonious killing. A payer or other third party
is only liable for actions taken two or more business days after the actual receipt
by the payer or other third party of written notice. The payer or other third party
may be liable for actions taken pursuant to the governing instrument only if the
form of service is that described in subdivision b.
b. The written notice must indicate the name of the decedent, the name of the
person asserting an interest, the nature of the payment or item of property or
other benefit, and a statement that a claim of forfeiture or revocation is being
made under this section. Written notice of a claimed forfeiture or revocation under
this subsection must be mailed to the payer's or third party's main office or home
by registered mail or served upon the payer or other third party in the same
manner as a summons in a civil action. Notice to a sales representative of the
payer or other third party does not constitute notice to the payer or other third
party. Upon receipt of written notice of a claimed forfeiture or revocation under
this section, a payer or other third party may pay any amount owed or transfer or
deposit any item of property held by it to or with the court having jurisdiction of the
probate proceedings relating to the decedent's estate, or if no proceedings have
been commenced, to or with the court having jurisdiction of probate proceedings
relating to decedents' estates located in the county of the decedent's residence.
In addition to the actions available under this section, the payer or other third
party may take any action authorized by law or the governing instrument. If no
probate proceedings have been commenced, the payer or other third party shall
file with the court a copy of the written notice received by the payer or other third
party, with the payment of funds or transfer or deposit of property. The court may
not charge a filing fee to the payer or other third party for the payment to the court
of amounts owed or transferred to or deposit with the court of any item of
property, even if no probate proceedings have been commenced before the
payment, transfer, or deposit. The court shall hold the funds or item of property

and, upon its determination under this section, shall order disbursement in
accordance with the determination. A filing fee, if any, may be charged upon
disbursement either to the recipient or against the funds or property on deposit
with the court, in the discretion of the court. Payments, transfers, or deposits
made to or with the court discharge the payer or other third party from all claims
for the value of amounts paid to or items of property transferred to or deposited
with the court.
9. a. A bona fide purchaser who purchases property, or who receives a payment or
other item of property in partial or full satisfaction of a legally enforceable
obligation, is neither obligated under this section to return the payment, item of
property, or benefit nor liable under this section for the amount of the payment or
the value of the item of property or benefit. But a person who, not for value,
receives a payment, item of property, or any other benefit to which the person is
not entitled under this section is obligated to return the payment, item of property,
or benefit, or is personally liable for the amount of the payment or the value of the
item of property or benefit, to the person who is entitled to it under this section.
b. If this section or any part of this section is preempted by federal law, other than
the federal Employee Retirement Income Security Act of 1974, as amended, with
respect to a payment, an item of property, or any other benefit covered by this
section, a person who, not for value, receives the payment, item of property, or
any other benefit to which the person is not entitled under this section is obligated
to return the payment, item of property, or benefit or is personally liable for the
amount of the payment or the value of the item of property or benefit, to the
person who would have been entitled to it were this section or part of this section
not preempted.