Code of Alabama
Ala. Code § 35-4-8 (2026)
Posthumous Children Included in “Heirs,” “Issue,” or “Children.”
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Where a future estate is limited to “heirs,” “issue,” or “children,” posthumous children are entitled to take the estate in the same manner as if born before the death of the parent. Any future estate depending upon the death of a person without heirs, issue, or children is defeated by the birth of a posthumous child of such person capable of taking by descent.
(Code 1852, §1303; Code 1867, §1573; Code 1876, §2182; Code 1886, §1828; Code 1896, §1024; Code 1907, §3402; Code 1923, §6906; Code 1940, T. 47, §20.)
Notes of Decisions
Cited in 1
case, 2013–2013 · leading case: Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “See § 35-4-8, Ala.Code 1975; see also Cal. Civ.”
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