Texas Estates Code Sec. 201.056: Persons Not in Being

This section limits intestate inheritance to persons who are alive or in gestation at the time of the intestate’s death and who survive for at least 120 hours. It also defines when a person is considered to be in gestation for inheritance purposes.

The Statutory Rule

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.

Explanation

What it does: This section establishes minimum existence and survivorship requirements for intestate inheritance.

Existence requirement: A person may inherit only if the person:

• is born before the intestate’s death; or
• is in gestation at the time of the intestate’s death.

Survivorship requirement: In addition, the person must survive the intestate by at least 120 hours.

Gestation defined: A person is treated as being in gestation at the time of death if:

• insemination or implantation occurred on or before the intestate’s death; or
• the person is born within 301 days after the intestate’s death, in which case gestation is presumed.

Key concept: This section sets threshold conditions for inheritance. If those conditions are not met, no right of inheritance arises, regardless of family relationship.

Practice note: This section is cross-referenced in other provisions of Chapter 201 and operates as a limiting rule, not an independent inheritance scheme.