Sec. 201.056. PERSONS NOT IN BEING. No right of inheritance accrues to any person unless the person is born before, or is in gestation at, the time of the intestate's death and survives for at least 120 hours. A person is:
(1) considered to be in gestation at the time of the intestate's death if insemination or implantation occurs at or before the time of the intestate's death; and
(2) presumed to be in gestation at the time of the intestate's death if the person is born before the 301st day after the date of the intestate's death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 8, eff. September 1, 2015.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle E - Intestate Succession
Chapter 201 - Descent and Distribution
Subchapter B. Matters Affecting Inheritance
Section 201.051. Maternal Inheritance
Section 201.052. Paternal Inheritance
Section 201.053. Effect of Reliance on Affidavit of Heirship
Section 201.054. Adopted Child
Section 201.055. Issue of Void or Voidable Marriage
Section 201.056. Persons Not in Being
Section 201.057. Collateral Kindred of Whole and Half Blood
Section 201.058. Convicted Persons
Section 201.059. Person Who Dies by Casualty
Section 201.061. Estate of Person Who Dies by Suicide
Section 201.062. Treatment of Certain Parent-Child Relationships