What it means
Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent's lifetime (§ 732.106). A pending birth at the time of death does not change who inherits.
The statute turns on conception before death. A separate statute addresses a child conceived from the eggs or sperm of a person who died before transfer to a woman's body: that child is not eligible for a claim against the decedent's estate unless the decedent's will provides for the child (§ 742.17(4)).
- An heir conceived before the decedent's death but born after it inherits as if born in the decedent's lifetime. (§ 732.106)
- The rule applies to intestate property. (§ 732.106)
- A child conceived from eggs or sperm of a person who died before their transfer has no estate claim unless the will provides for the child. (§ 742.17(4))
Text of the statute (2026)
Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent’s lifetime.
(4) A child conceived from the eggs or sperm of a person or persons who died before the transfer of their eggs, sperm, or preembryos to a woman’s body shall not be eligible for a claim against the decedent’s estate unless the child has been provided for by the decedent’s will.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.106.
History. s. 1, ch. 74-106; s. 10, ch. 75-220; s. 6, ch. 77-87; s. 952, ch. 97-102.
How it applies
The ordinary application is a child who was conceived before a parent died and born afterward. Once born, that child is an heir on the same footing as a child born during the decedent's life.
Posthumous conception through stored eggs, sperm or preembryos is governed by a different rule. Under § 742.17(4) such a child is not eligible for a claim against the decedent's estate unless the decedent's will provides for the child.
Where this shows up
Pages on this site where § 732.106 does real work:
Questions people ask
Sources
- Fla. Stat. § 732.106, Afterborn heirs (2026) ("Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property")
- Fla. Stat. § 742.17, Disposition of eggs, sperm, or preembryos; rights of inheritance (2026) (A child conceived from eggs or sperm of a person who died before transfer is not eligible for an estate claim unless provided for by will.)
Last checked: October 17, 2026
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