How Arizona Protects Children Not Yet Born
Estate planning often focuses on people who are already here. But life does not always follow a tidy timeline. A child may be conceived before a parent or grandparent passes away, yet born weeks or months later. Without clear legal protection, that child could be excluded from an inheritance they would otherwise receive.
A child in gestation at a particular time is treated as living at that time if the child lives at least one hundred twenty hours after its birth.
A.R.S. § 14-2108This statute closes that gap. It ensures a child in gestation is counted as a living person for purposes of intestate succession. The only requirement is that the child survives for at least 120 hours (five days) after birth.
Why the 120-Hour Rule Matters
The five-day survival requirement prevents legal complications that could arise from an extremely brief survival. It is the same threshold Arizona applies in other inheritance contexts, including the general survival requirement under A.R.S. § 14-2104. The rule provides a clear, consistent standard for determining inheritance rights.
For families expecting a child when a loved one passes, this statute provides reassurance. The unborn child will not be overlooked in the distribution of the estate. Their share is protected by law, provided they meet the survival threshold.
If you are working through an estate where an heir was in gestation at the time of death, consulting with a partner attorney can help clarify the timing requirements and ensure the distribution accounts for every rightful heir.
