Chapter H. Posthumous Children

• Jurisdiction: Washington

H. POSTHUMOUS CHILDREN

A posthumous child⁷⁷ is a child, either of the intestate or of a taker of the intestate's estate, born after the death of the intestate.

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Under the common law a posthumous child was entitled to share the estate equally with other children of the intestate. Absent a contrary statute, the same rule applied to posthumous collaterals who were en ventra sa mere (in embryo) at the time of the intestate's death.⁷⁸ Prior to 2007, the basic scheme of intestate succession did not specifically refer to posthumous children or issue, except that former RCW 11.02.005(3), in which the term "representation" was defined, treated a...