How the Law 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 makes sure 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 from an extremely brief survival. It is the same threshold applied in other inheritance contexts, including the general survival requirement under A.R.S. § 14-2104. The rule provides a clear, consistent standard.
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 state laws, provided they meet the survival threshold.
Planning Ahead for Growing Families
This statute only applies to intestate succession. If you have a will or trust, you can address after-born children directly. Many estate plans include language that covers children born or adopted after the plan is signed.
Without that language, a child born after the parent's death may need to go through a court process to claim their share. Updating your estate plan after a major life event, like learning about a pregnancy, helps prevent gaps.
Families dealing with this situation should know that the law is on the child's side. State laws protect the inheritance rights of children who were conceived before death but born afterward.