What This Statute Covers
Estate plans and property arrangements sometimes create future interests that depend on the existence of heirs, issue, or children. This statute addresses what happens when a child is born after the parent has already passed away. In short, Arizona law treats that child as if they were born before the parent died, giving them the same rights as any other heir.
When a future estate is limited to heirs, issue or children, posthumous children shall take as if born before the death of the parent.
A.R.S. § 33-237(A)This matters in situations where a spouse is pregnant at the time of the property owner's death. Without this provision, the unborn child could be excluded from an inheritance or future interest simply because they had not yet been born. Arizona law closes that gap.
When a Future Estate Hinges on "No Heirs"
Some property arrangements include a condition that triggers only if the owner dies without heirs, issue, or children. This statute provides that if a posthumous child is born who is capable of inheriting by descent, that condition is no longer met.
A future estate contingent upon the death of a person without heirs, issue or children is defeated by birth of a posthumous child of such person, capable of taking by descent.
A.R.S. § 33-237(B)The practical effect is straightforward: the birth of a qualifying child after the parent's death can change who ultimately receives the property. For families dealing with these circumstances, working with experienced estate planning counsel helps ensure the child's rights are properly recognized and protected.
