NC General Statutes

N.C. Gen. Stat. § 29-9 (2026)

Inheritance by unborn infant

✓ current as of July 2026

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Lineal descendants and other relatives of an intestate born within 10 lunar months after the death of the intestate, shall inherit as if they had been born in the lifetime of the intestate and had survived him. (1959, c. 879, s. 1.)

§ 29-10. Renunciation.

Renunciation of an intestate share shall be as provided for in Chapter 31B of the General Statutes. (1959, c. 879, s. 1; 1961, c. 958, s. 2; 1975, c. 371, s. 2.)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1987–2024 · leading case: DiDonato v. Wortman, 358 S.E.2d 489 (N.C. 1987).

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DiDonato v. Wortman, 358 S.E.2d 489 (N.C. 1987). · cites it 6× “The public policy of this state as expressed by the legislature in our statutes recognizes that an unborn infant is a person. Significantly, an unborn infant, in esse, is "deemed a person capable of taking by deed or other writing any estate whatever in the same manner as if he…”

Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “1 (c) (McKinney 1998); N.C. Gen.Stat. § 29-9 (2009); N.D. Cent.Code § 30.”

Abitol v. Clark (N.C. Ct. App. 2024). · cites it 26× “Upon information and belief, Defendant Clark contends that the provisions of N.C.G.S. § 29-9 bar Noah’s inheritance because he was born more than 10 months after the Decedent’s death.”

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