Tex. Est. Code § 201.056 : ESTATES CODE — ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY — INTESTATE SUCCESSION — DESCENT AND DISTRIBUTION — MATTERS AFFECTING INHERITANCE — Persons Not in Being TEXT PDF 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. Tex. Estates § 201.056 Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 949,Sec. 8, eff. 9/1/2015. Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. 1/1/2014.