Omitted or Pretermitted Children Under Wills by State
When a testator's child is omitted from an ordinary will, which children receive a statutory share, how is it measured, and what provision changes it?
Jurisdictions
48 of 51 verified so far
Statutes checked
Every entry, oldest check October 5, 2026
Columns
10 per state
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What this survey covers
An omitted-child statute can give a child a share despite a will that does not provide for that child. The table follows the statutory sequence: which child qualifies, how the will and other gifts treat the child, how the share is measured, and which property supplies it.
Why the columns differ
Texas Estates Code §§ 255.051–.056 defines a pretermitted child by birth or adoption after will execution, including a birth after the testator's death. Where the will benefits children living at execution, the new child's share comes from the will's gifts to those children. Other cases use an intestacy comparison and exclude a devise to the child's other parent.
Florida § 732.302 uses an intestate-equivalent share for a child born or adopted after the will, subject to an advancement, an intentional omission apparent from the will, and a conditional devise to the child's other parent.
Washington RCW 11.12.091 specifies which child-class references count as naming and says a nominal interest is not provision. A court may reduce the intestate-equivalent share, including to zero, on clear and convincing evidence of the decedent's intent; outside-will gifts are among the circumstances it may consider.
Scope boundaries
The survey describes statutory defaults and express exceptions. It does not decide a particular child's legal status, infer intent from a particular will, or calculate an estate distribution.
State by state
Every column answered the same way for each jurisdiction. Open a state for the full page, with the statute text and the date it was checked.
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| State | Will and child covered | Birth or adoption timing | Naming and provision test | Intentional omission | Other-parent gifts | Outside gifts and advancements | Baseline statutory share | Effect of gifts to existing children | Property source and abatement | Trust and nonprobate reach |
|---|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-10-05 | Later-born/adopted child omitted from will; living child mistakenly believed dead (§ 43-8-91(a)–(b)). |
Birth or adoption after will execution; separate mistaken-death route for child living then (§ 43-8-91(a)–(b)). |
Will fails to provide for later child; living child must be omitted solely from belief of death (§ 43-8-91(a)–(b)). |
Later-child share excluded if intentional omission appears from will (§ 43-8-91(a)(1)). |
At execution, testator had child and devised substantially all estate to omitted child's other parent (§ 43-8-91(a)(2)). |
Outside transfer excludes later child if intent to replace testamentary provision is reasonably proved (§ 43-8-91(a)(3)). |
Intestate-equivalent value for qualifying later child or living child believed dead (§ 43-8-91(a)–(b)). |
Existing child matters to other-parent exception; no equalized child-devise formula in share provision (§ 43-8-91(a)). |
Will devises abate through undisposed property, residue, general, then specific gifts, subject to testamentary intent (§§ 43-8-91(c), 43-8-76). |
Outside transfer may defeat later-child claim; share comes from estate through will abatement (§ 43-8-91(a)(3), (c)). |
| Alaska verified 2026-10-05 | Omitted afterborn or after-adopted child; living child mistakenly believed dead also covered (§ 13.12.302(a), (c)). |
Birth or adoption after will execution; mistaken-death rule applies to child living then (§ 13.12.302(a), (c)). |
Will fails to provide for later child; mistaken-death omission must be solely from belief child was dead (§ 13.12.302(a), (c)). |
No later-child share if intent to omit appears from will (§ 13.12.302(b)(1)). |
No-child route excepts substantially-all devise to other parent who survives and is entitled to take (§ 13.12.302(a)(1)). |
Outside transfer defeats share if in-lieu intent shown by statements or reasonably inferred from amount or other evidence (§ 13.12.302(b)(2)). |
No child living at execution: intestate-equivalent value, subject to other-parent exception (§ 13.12.302(a)(1)). |
If then-living children received will gifts: equalized share drawn only from those gifts (§ 13.12.302(a)(2)(A)–(B)). |
No-child route uses § 13.16.540 order; earlier children's gifts abate ratably on child-gift route (§ 13.12.302(a)(2)(D), (d)). |
Earlier child-gift character preserved where feasible; outside transfer can defeat share under in-lieu test (§ 13.12.302(a)(2)(C), (b)(2)). |
| Arizona verified 2026-10-05 | Will; later-born/adopted child or living child mistakenly believed dead (§ 14-2302(A), (E), (G)). |
Birth or adoption after will execution; mistaken-death route for then-living child (§ 14-2302(A), (E), (G)). |
Failure to provide by will triggers rule; no separate naming-only safe harbor stated (§ 14-2302(A)). |
Intentional omission must appear from the will (§ 14-2302(D)(1)). |
If no child lived at execution: substantially all to other parent, who survives and takes, bars share (§ 14-2302(A)(1)). |
Outside-will transfer bars share only when intended in lieu of will provision; statements, amount, or other evidence may show intent (§ 14-2302(D)(2)). |
No then-living child: intestate-equivalent value; devise to existing child: equalized share of those child devises (§ 14-2302(A)). |
If will benefits then-living children, share limited to their devises; preserve interest character where feasible (§ 14-2302(A)(2), (B)). |
Existing-child route: their devises abate ratably; no-child route: § 14-3902 order, subject to testamentary intent (§§ 14-2302(C), (F), 14-3902(A)–(B)). |
Outside-will transfer can defeat share if intended substitute; no general nonprobate recovery stated (§ 14-2302(D)(2)). |
| California verified 2026-10-05 | Will or death-irrevocable revocable trust; afterborn/adopted or certain existing omitted children (§§ 21600–21601, 21620, 21622). |
Born or adopted after all effective instruments executed; separate mistaken-death/unknown-birth route for living child (§§ 21620, 21622). |
No provision in testamentary instrument; § 21620 gives no separate nominal-gift or class-reference test. |
Afterborn/adopted share excluded if intentional omission appears from testamentary instruments (§ 21621(a)). |
Afterborn/adopted share excluded if decedent had children and directed substantially all estate to child's other parent (§ 21621(b)). |
Outside-estate transfer in lieu defeats afterborn/adopted share when intent shown by statements, amount, or other evidence (§ 21621(c)). |
Value equal to share if decedent had executed no testamentary instrument (§§ 21620, 21622). |
Separate protection for living child omitted solely through belief of death or unawareness of birth; no children-gifts-only formula (§ 21622). |
First undisposed estate property, then proportional shares from testamentary beneficiaries; protective reallocation allowed (§ 21623). |
Estate includes probate estate and revocable trust made irrevocable at death; outside-estate transfers can defeat share when in lieu (§§ 21600–21601, 21621(c)). |
| Colorado verified 2026-10-05 | Child becoming testator's child after will; also living child mistakenly believed dead (§ 15-11-302(1), (3)). |
Parenthood arises after will execution; living child believed dead at execution has separate route (§ 15-11-302(1), (3)). |
Will fails to provide for later child; living-child route requires omission solely from mistaken belief of death (§ 15-11-302(1), (3)). |
No later-child share if intentional omission appears from the will (§ 15-11-302(2)(a)). |
No-child-at-execution share excluded if substantially all estate goes to other parent, who survives and can take (§ 15-11-302(1)(a)). |
Outside transfer defeats share if intended in lieu of will gift; intent shown by statements or inferred (§ 15-11-302(2)(b)). |
No living child at execution: intestate-equivalent value; existing-child devise route uses equal share of those devises (§ 15-11-302(1)(a)–(b)). |
Later child shares only devises to children living at execution; count all omitted children equally (§ 15-11-302(1)(b)(I)–(II)). |
Existing-child devises abate ratably; no-child route follows statutory abatement order (§§ 15-11-302(1)(b)(IV), (4), 15-12-902). |
Outside transfer can defeat claim; omitted child's share matches equitable/legal, present/future child devise where feasible (§ 15-11-302(2)(b), (1)(b)(III)). |
| Connecticut verified 2026-10-05 | Later-born/adopted child omitted from will; living child omitted solely from mistaken belief of death (§ 45a-257b(a), (c)). |
After execution; expressly includes qualifying assisted-reproduction and postdeath births (§ 45a-257b(a)). |
Will fails to provide for later child; mistaken-death route needs omission solely from that belief (§ 45a-257b(a), (c)). |
Later-child share excluded if intentional omission appears from will (§ 45a-257b(b)(1)). |
No-child-at-execution share excluded if substantially all estate goes to other parent, who survives and can take (§ 45a-257b(a)(1)). |
Outside transfer defeats later-child share if intended in lieu of will gift, shown by statements, amount, or other evidence (§ 45a-257b(b)(2)). |
No living child at execution: intestate-equivalent value; limited-child-gift exception also uses intestacy (§ 45a-257b(a)(1), (2)(E)). |
If then-living children receive gifts, omitted child shares equally in those gifts unless will limits them to living children (§ 45a-257b(a)(2)(A)–(E)). |
Existing-child devises/legacies abate ratably; subsection (d) cites § 45a-426 but refers to an exception, leaving its reach unclear (§ 45a-257b(a)(2)(D), (d)). |
Outside transfer may defeat coverage; existing-child share matches equitable/legal, present/future character where feasible (§ 45a-257b(b)(2), (a)(2)(C)). |
| Delaware verified 2026-10-05 | Child testator becomes parent of after will, or descendant if child predeceases parent (§ 301). |
Parenthood after making will; § 310 includes posthumous and womb child if born alive; § 301 does not spell out adoption test. |
No vested or contingent provision for child, individually or as class member, by will or otherwise (§ 301). |
Will may state later child births do not affect it; § 301 then creates no share. |
No other-parent devise condition in § 301. |
A vested or contingent provision outside will defeats § 301 coverage; no separate advancement-credit formula stated there. |
Same real and personal estate portion child or descendant would receive on intestacy (§ 301). |
No then-living-child gift pool; intestate-equivalent portion comes from estate and proportional contribution (§§ 301–302). |
Intestate estate first; deficiency contributed proportionately by devisees and legatees (§ 302). |
Section 301 counts provision made by will or otherwise; § 302 draws unpaid share from intestate property and will gifts. |
| District of Columbia verified 2026-10-05 | No general omitted-child share stated in current will/probate provisions; § 20-701 mentions pretermitted child without a rule. |
No omitted-child timing test stated; posthumous child has intestate inheritance right (§ 19-314). |
No statutory will naming/provision test for an omitted-child share identified (§§ 18-301, 20-701). |
No omitted-child intent exception specified in cited will/probate provisions (§§ 18-301, 20-701). |
No omitted-child other-parent devise condition specified (§§ 18-301, 20-701). |
No omission-specific outside-gift test; § 19-319 adjusts intestate shares for advancements. |
No omitted-child amount stated; intestacy governs property not devised or bequeathed (§ 19-301). |
No omitted-child gift-pool adjustment specified in cited scheme (§§ 18-301, 20-701). |
No omitted-child abatement formula stated; representative follows will or intestacy as applicable (§§ 19-301, 20-701). |
Cited will provision concerns disposition by will; cited probate duty addresses will or intestacy (§§ 18-301, 20-701). |
| Florida verified 2026-10-05 | Child omitted from provision by the testator's will (§ 732.302). |
Born or adopted after the will was made (§ 732.302). |
Testator omitted to provide by will; § 732.302 gives no separate nominal-gift or class-reference test. |
No share if intentional omission appears from the will (§ 732.302(1)). |
No share if testator already had children, devised substantially all to child's other parent, and that parent survives and takes (§ 732.302(2)). |
Equivalent child's part received by advancement defeats share; § 732.302 states no general outside-will death-benefit test. |
Estate share equal in value to child's intestate share (§ 732.302). |
Existing child matters to the other-parent exception; no separate sharing-only-existing-child-gifts formula (§ 732.302). |
Use designated will funds first, then intestacy property, residue, general, and specific devises under statutory abatement order (§§ 732.302, 733.805(1)). |
§ 732.302 measures an estate share and refers its source to § 733.805; no separate trust or beneficiary-designation formula there. |
| Hawaii verified 2026-10-05 | Omitted child born or adopted after will; living child mistakenly believed dead also covered (§ 560:2-302(a), (c)). |
Birth or adoption after execution; mistaken-death rule applies to a child living at execution (§ 560:2-302(a), (c)). |
Will fails to provide for child; mistaken-death rule requires omission solely from belief child was dead (§ 560:2-302(a), (c)). |
No share under either route if intent to omit appears from will (§ 560:2-302(b)(1)). |
No-child route: substantially all estate devised to other parent who survives and is entitled to take (§ 560:2-302(a)(1)). |
Outside transfer defeats share if in-lieu intent is shown by statements or reasonably inferred from amount or other evidence (§ 560:2-302(b)(2)). |
No child living at execution: intestate-equivalent value, subject to other-parent exception (§ 560:2-302(a)(1)). |
If living children received will gifts: equalized share only from those gifts; preserve gift character where feasible (§ 560:2-302(a)(2)). |
No-child route uses § 560:3-902 abatement order; existing-child gifts abate ratably with plan preserved as far as possible (§ 560:2-302(a)(2)(D), (d)). |
Child-gift share keeps equitable or legal, present or future character where feasible; outside transfers may defeat share (§ 560:2-302(a)(2)(C), (b)(2)). |
| Idaho verified 2026-10-05 | Later-born/adopted child not provided for; living child omitted solely from mistaken belief of death (§ 15-2-302(a)–(b)). |
Birth or adoption after will execution; mistaken-death route concerns child living at execution (§ 15-2-302(a)–(b)). |
Will fails to provide for later child; mistaken-death route requires omission solely from belief child was dead (§ 15-2-302(a)–(b)). |
Later-child share excluded if omission appears intentional from will (§ 15-2-302(a)(1)). |
At execution testator had child and devised substantially all estate to omitted child's other parent; no survival/taking condition stated (§ 15-2-302(a)(2)). |
Outside transfer defeats later-child share if intended in lieu of will gift, shown by statements, amount, or other evidence (§ 15-2-302(a)(3)). |
Intestate-equivalent value for qualifying later child or child omitted through mistaken belief of death (§ 15-2-302(a), (b)). |
Existing child at execution conditions other-parent exception; no then-living-child devise pool in § 15-2-302(a). |
Undevised property, residue, general devises, then specific devises; order can yield to will's plan (§§ 15-2-302(c), 15-3-902(a)–(b)). |
Outside transfer intended as substitute may defeat later-child will share (§ 15-2-302(a)(3)). |
| Illinois verified 2026-10-05 | Will; testator's child born after execution (§ 4-10). |
Born after will execution; § 4-10 does not separately name adoption. |
Will provision for child defeats default; no separate bare-mention test stated (§ 4-10). |
No share if intention to disinherit child appears by the will (§ 4-10). |
§ 4-10 states no separate other-parent gift exception. |
§ 4-10 states no outside-will gift or advancement exception. |
Portion the child would receive if testator died intestate; spouse and descendants take under § 2-1(a)–(b) (§§ 4-10, 2-1). |
§ 4-10 gives no distinct formula tied to gifts for children living at execution. |
All legacies abate proportionately for child's intestate-equivalent share (§ 4-10). |
§ 4-10 addresses the will and legacies; no separate trust or beneficiary-designation extension stated there. |
| Indiana verified 2026-10-05 | Last will; later-born/adopted child or child believed dead at execution (§ 29-1-3-8(a)–(b)). |
Born/adopted after last will, including birth after death; mistaken-death route for existing child (§ 29-1-3-8(a)–(b)). |
Will fails to provide for later child; mistaken-death route requires failure to provide because of belief (§ 29-1-3-8(a)–(b)). |
Later-child intent must appear from will; mistaken-death branch allows will or other evidence (§ 29-1-3-8(a)–(b)). |
Spouse exception, regardless of parentage: known living child at execution, substantially all to spouse, spouse survives (§ 29-1-3-8(a)(1)–(2)). |
Section states no outside-transfer credit or settlement exception; share is based on estate value (§ 29-1-3-8(a)–(b)). |
Value of intestate share for qualifying later or mistakenly omitted child (§ 29-1-3-8(a)–(b)). |
Known living child plus substantially-all devise to surviving spouse can bar later-child share; no child-gift pool stated (§ 29-1-3-8(a)). |
Share comes from testator's estate; section states no special abatement sequence (§ 29-1-3-8(a)–(b)). |
Section addresses a will and estate share; no express trust or nonprobate recovery rule (§ 29-1-3-8(a)–(b)). |
| Iowa verified 2026-10-05 | Child born/adopted after last will and not provided for; separate revocable-trust rule (§§ 633.267(1), 633A.3106(1)). |
After last will; before or after death. Postdeath conception/implantation requires genetic link, written authorization or bequest, and birth within two years (§ 633.267(1)–(2)). |
Will fails to provide for the child born/adopted after it; trust rule measures from trust execution or last amendment (§§ 633.267(1), 633A.3106(1)). |
Will share excluded when intentional omission appears from will; trust share when it appears from trust terms or will (§§ 633.267(1), 633A.3106(1)). |
Share accounts for surviving spouse's intestate share under § 633.211 or .212; § 633.267(1) states no separate other-parent devise condition. |
§ 633.267(1) conditions will share on omission and intestate value, without an outside-transfer or advancement exception. |
Value of § 633.219 intestate share after applicable spouse share under § 633.211 or .212 (§ 633.267(1)). |
Intestacy calculation distributes remaining estate to issue per stirpes; no existing-child devise pool in § 633.267(1) (§ 633.219(1)). |
Undevised property first, then nonspouse residue, other nonspouse nonspecific devises, nonspouse specific devises, and spouse devises (§ 633.436(1)). |
Omitted later child may receive intestate-value share of revocable trust after trust execution/last amendment; intent can appear in trust or will (§ 633A.3106). |
| Kansas verified 2026-10-05 | No separate omitted-child will share; later marriage plus child by birth/adoption revokes will (§ 59-610). |
Marriage and child by birth/adoption after will; intestacy definition includes posthumous and adopted children (§§ 59-610, 59-501(a)). |
§ 59-610 revocation turns on later marriage and child, without a naming or provision test. |
§ 59-610 states revocation upon the combined event, without an intentional-omission exception. |
No other-parent devise condition in § 59-610; its stated trigger is marriage and a later child. |
No outside-transfer or advancement test in § 59-610's revocation condition. |
No will-share measure; if intestacy governs, spouse receives half and children/issue share half when both survive (§§ 59-504, 59-506). |
No child-gift adjustment in § 59-610; intestacy uses equal child shares and representation for deceased child's issue (§ 59-506). |
No omitted-child abatement formula in § 59-610; revocation removes that will, with intestacy applying if no operative will remains (§§ 59-504, 59-506). |
§ 59-610 speaks of revoking a will; § 59-601 addresses property disposed of by will. |
| Kentucky verified 2026-10-05 | Child born or adopted after will execution and not provided for; separate posthumous-child rule (§§ 394.382(1), 394.460). |
Born or adopted after execution; § 394.460 expressly addresses posthumous child (§§ 394.382(1), 394.460). |
Will fails to provide for later child; no separate nominal-gift test stated (§ 394.382(1)). |
Later-child share excluded if intentional omission appears from will (§ 394.382(1)(a)). |
At execution, testator had child and devised substantially all estate to omitted child's other parent (§ 394.382(1)(b)). |
Outside transfers defeat share if intended in lieu of will provision, shown by statements, amount, or other evidence (§ 394.382(1)(c)). |
Value of share child would receive on intestacy (§ 394.382(1)). |
Existing child matters to other-parent exception; no equalized child-devise formula (§ 394.382(1)(b)). |
General share ratably from heirs, devisees, legatees; posthumous share first from undisposed estate, then ratably from devisees (§§ 394.382(2), 394.460). |
Outside transfers can defeat coverage; statutory share is taken from estate interests and devises (§ 394.382(1)(c), (2)). |
| Louisiana verified 2026-10-05 | First-degree descendant qualifying as forced heir by age or permanent incapacity; reserved legitime (arts. 1493(A), 1494). |
Age/incapacity measured at death; art. 1493 does not key protection to birth after will execution (art. 1493(A), (D)–(E)). |
Forced heir cannot be deprived of reserved legitime absent just cause to disinherit (art. 1494). |
Will silence alone is not the test; deprivation of legitime requires just cause to disinherit (art. 1494). |
Forced-heir definition and reserved-portion rule state no other-parent devise condition (arts. 1493–1494). |
Recent lifetime donations enter calculation; insurance and qualified-plan benefits paid to forced heir credit forced share (art. 1505(A), (C)–(D)). |
Forced portion: one-quarter with one forced heir, one-half with two or more; individual legitime capped by intestate fraction (arts. 1495, 1495.1). |
Divide forced portion by heads for first-degree forced heirs, by roots with representation; no will-execution child-gift formula (art. 1495.1). |
Excess gifts reducible; testamentary donations exhausted before lifetime donations, subject to preferred legacy (arts. 1503, 1507). |
Insurance and specified deferred-compensation benefits excluded from calculation but credited if paid to forced heir (art. 1505(C)–(D)). |
| Maine verified 2026-10-05 | Omitted afterborn or after-adopted child; living child mistakenly believed dead also covered (§ 2-302(1), (3)). |
Birth or adoption after will execution; mistaken-death rule covers child living then (§ 2-302(1), (3)). |
Will fails to provide for later child; living-child route requires omission solely from mistaken death belief (§ 2-302(1), (3)). |
No share under either later-child route if intent to omit appears from will (§ 2-302(2)(A)). |
No-child route excepts substantially-all devise to other parent who survives and is entitled to take (§ 2-302(1)(A)). |
Outside transfer defeats share if in-lieu intent shown by statements or reasonably inferred from amount or other evidence (§ 2-302(2)(B)). |
No child living at execution: intestate-equivalent value, subject to other-parent exception (§ 2-302(1)(A)). |
If then-living children received will gifts: equalized share drawn only from those gifts (§ 2-302(1)(B)(1)–(2)). |
No-child route uses § 3-902 order; earlier children's gifts abate ratably on existing-child route (§ 2-302(1)(B)(4), (4)). |
Earlier child-gift character preserved where feasible; outside transfer can defeat share only under in-lieu test (§ 2-302(1)(B)(3), (2)(B)). |
| Maryland verified 2026-10-05 | Will with legacy for testator's child; later child or issue of later child (§ 3-301(b)). |
Born, adopted, or legitimated after will; child or issue must survive testator (§ 3-301(b)(2)–(3)). |
Will benefits a child but makes no provision for later child; express omission defeats share (§ 3-301(b)(1), (4)). |
Will must not expressly state that later child or issue should be omitted (§ 3-301(b)(4)). |
No separate other-parent exception in the statutory child-share conditions (§ 3-301(b)). |
No outside-transfer or advancement test stated in the statutory child-share conditions (§§ 3-301(b), 3-302(a)). |
Lesser of intestate distribution or total child/represented-issue legacies divided among children and represented branches (§ 3-302(a)). |
Will must benefit a child; those child and represented-issue legacies cap and fund the share (§§ 3-301(b)(1), 3-302(a)(2), 3-303). |
Personal representative pays from child and represented-issue legacies; proportional contribution; cash/property substitution for specific interest (§ 3-303). |
These sections address will legacies and estate payment; no express separate-trust or nonprobate recovery direction (§§ 3-301–3-303). |
| Massachusetts verified 2026-10-05 | Will; later-born/adopted child or living child mistakenly believed dead (§ 2-302(a), (c)). |
Birth/adoption after will execution; mistaken-death route for child living at execution (§ 2-302(a), (c)). |
Will fails to provide; no separate naming-only exception stated (§ 2-302(a)). |
Intentional omission must appear from will (§ 2-302(b)(1)). |
No-child-at-execution route barred if substantially all to other parent, who survives and takes (§ 2-302(a)(1)). |
Outside transfer substitutes only with in-lieu intent shown by statements, amount, or other evidence (§ 2-302(b)(2)). |
No child living at execution: intestate-equivalent value, subject to other-parent exception (§ 2-302(a)(1)). |
Then-living children's will devises form equal-share pool; match interest character if feasible (§ 2-302(a)(2)(i)–(iii)). |
Existing-child gifts abate ratably; no-child route follows § 3-902; real-property claim filed within one year of death (§§ 2-302(a)(2)(iv), (d)–(e), 3-902). |
Intended outside-will substitute can bar share; no general nonprobate recovery stated (§ 2-302(b)(2)). |
| Michigan verified 2026-10-05 | Will; later-born/adopted child or living child wrongly believed dead (§ 700.2302(1), (3)). |
Birth or adoption after will execution; mistaken-death child alive at execution (§ 700.2302(1), (3)). |
Will must fail to provide for later child; mistaken-death omission has separate cause test (§ 700.2302(1), (3)). |
No afterborn share if omission appears intentional from will (§ 700.2302(2)(a)). |
No intestate branch if other parent survives, can take, and receives all or substantially all (§ 700.2302(1)(a)). |
Outside transfer substitutes if statements, amount, or other evidence show intent (§ 700.2302(2)(b)). |
No living child at execution: intestate equivalent, subject to other-parent exception (§ 700.2302(1)(a)). |
If then-living children receive devises, later child shares equally only in those devises (§ 700.2302(1)(b)). |
Existing children's devises abate ratably; intestate branch uses statutory abatement order (§§ 700.2302(1)(b)(iv), (4), 700.3902). |
Equitable will interests mirrored if feasible; outside-will transfer may substitute with proven intent (§ 700.2302(1)(b)(iii), (2)(b)). |
| Minnesota verified 2026-10-05 | Later-born/adopted child omitted from will; living child mistakenly believed dead (§ 524.2-302(a), (c)). |
Birth or adoption after will execution; separate route for child living then but believed dead (§ 524.2-302(a), (c)). |
Will fails to provide for later child; living-child omission must be solely from mistaken belief of death (§ 524.2-302(a), (c)). |
Exception when intentional omission appears from will (§ 524.2-302(b)(1)). |
Intestate-value share excluded if substantially all estate goes to other parent who survives and can take (§ 524.2-302(a)(1), (c)). |
Outside transfer defeats claim if intended in lieu of will gift; intent shown by statements or inferred (§ 524.2-302(b)(2)). |
No child living at execution: intestate-equivalent value; mistaken-death child also gets that value (§ 524.2-302(a)(1), (c)). |
If then-living children received devises, later child shares equally only in those devises (§ 524.2-302(a)(2)(i)–(ii)). |
Existing-child devises abate ratably; intestate-value share follows § 524.3-902's abatement order (§ 524.2-302(a)(2)(iv), (e)). |
Outside transfer may defeat coverage; existing-child route preserves equitable/legal, present/future character where feasible (§ 524.2-302(b)(2), (a)(2)(iii)). |
| Mississippi verified 2026-10-05 | No child living at will: later omitted child affects will's validity; existing child at will: later pretermitted child takes share (§§ 91-5-3, 91-5-5). |
Child born after will; § 91-5-3 expressly covers pregnant wife and later posthumous birth. §§ 91-5-3, -5 speak of birth, not adoption. |
No-child branch: future child neither provided for nor mentioned; existing-child branch: later child neither provided for nor disinherited (§§ 91-5-3, 91-5-5). |
Express disinheritance defeats existing-child and posthumous pretermitted routes; no-child branch turns on provision or mention (§§ 91-5-3, 91-5-5). |
Neither § 91-5-3 nor § 91-5-5 states an other-parent devise condition; § 91-5-3 separately addresses pregnancy of testator's wife. |
Settlement for later child defeats pretermitted share when children already existed; same condition applies to posthumous branch (§§ 91-5-3, 91-5-5). |
No-child branch: will ineffective during child's life and void unless child dies before 21 unmarried and without inheritable issue; other branches use intestate share (§§ 91-5-3, 91-5-5). |
Having a living child at will execution selects proportional-contribution share route; no existing-child devise pool or equalization formula (§§ 91-5-3, 91-5-5). |
No-child branch: property descends as on intestacy while will ineffective; existing-child/posthumous shares: devisees and legatees contribute proportionately (§§ 91-5-3, 91-5-5). |
The cited routes expressly address the last will, devised estate, and lifetime settlement (§§ 91-5-3, 91-5-5). |
| Missouri verified 2026-10-05 | Will; later-born/adopted or mistakenly-dead child; male-testator recognition clause (§ 474.240(1)–(3)). |
Born or adopted after will execution; separate mistaken-death route (§ 474.240(1)–(2)). |
Will must fail to provide for child; mistaken-death omission has separate cause test (§ 474.240(1)–(2)). |
Later-child intent to omit must appear from will; mistaken-death branch has no separate intent exception (§ 474.240(1)(1), (2)). |
If substantially all devised to omitted child's other parent, later-child share is barred; section adds no survival condition (§ 474.240(1)(2)). |
Outside transfer substitutes only with in-lieu intent shown by statements, amount, or other evidence (§ 474.240(1)(3)). |
Value of intestate share for qualifying later or mistakenly omitted child (§ 474.240(1)–(2)). |
No separate pool of gifts to then-living children; other-parent devise and outside-transfer exceptions control (§ 474.240(1)). |
Will devises abate under § 473.620: intestate, residuary, general, specific; proportional within class, subject to will intent (§§ 474.240(4), 473.620). |
Will-omission rule excludes nonprobate transfers; beneficiary-designation child-class and named-child shares have separate rules (§ 461.059(1)–(4)). |
| Montana verified 2026-10-05 | Omitted afterborn or after-adopted child; living child mistakenly believed dead also covered (§ 72-2-332(1), (3)). |
Birth or adoption after will execution; mistaken-death rule covers child living then (§ 72-2-332(1), (3)). |
Will fails to provide for later child; living-child route requires omission solely from mistaken death belief (§ 72-2-332(1), (3)). |
No share under either later-child route if intent to omit appears from will (§ 72-2-332(2)(a)). |
No-child route excepts substantially-all devise to other parent who survives and is entitled to take (§ 72-2-332(1)(a)). |
Outside transfer defeats share if in-lieu intent shown by statements or reasonably inferred from amount or other evidence (§ 72-2-332(2)(b)). |
No child living at execution: intestate-equivalent value, subject to other-parent exception (§ 72-2-332(1)(a)). |
If then-living children received will gifts: equalized share drawn only from those gifts (§ 72-2-332(1)(b)(i)–(ii)). |
No-child route uses § 72-3-901 order; earlier children's gifts abate ratably in child-gift route (§ 72-2-332(1)(b)(iv), (4)). |
Earlier child-gift character preserved where feasible; outside transfer may defeat share under in-lieu test (§ 72-2-332(1)(b)(iii), (2)(b)). |
| Nebraska verified 2026-10-05 | Later-born/adopted child not provided for; living child omitted solely from mistaken belief of death (§ 30-2321(a)–(b)). |
Birth or adoption after will execution; mistaken-death route concerns child living at execution (§ 30-2321(a)–(b)). |
Will fails to provide for later child; mistaken-death route requires omission solely from belief child was dead (§ 30-2321(a)–(b)). |
Later-child share excluded if omission appears intentional from will (§ 30-2321(a)(1)). |
At execution testator had child and devised substantially all estate to omitted child's other parent; no survival/taking condition stated (§ 30-2321(a)(2)). |
Outside transfer defeats later-child share if worth at least child's intestate share; no in-lieu intent test stated (§ 30-2321(a)(3)). |
Value of intestate share for qualifying later child or child omitted through mistaken death (§ 30-2321(a), (b)). |
Existing child at execution is condition for other-parent exception; no then-living-child devise pool in § 30-2321(a). |
Undevised property, residue, general devises, then specific devises; order can yield to will's plan (§§ 30-2321(c), 30-24,100(a)–(b)). |
Outside property transfer of sufficient value defeats later-child will share (§ 30-2321(a)(3)). |
| Nevada verified 2026-10-05 | Afterborn child not provided for; separately, omitted child or deceased child's issue if court finds omission unintentional (NRS 133.160(1), 133.170). |
§ 133.160 covers child born after making of will; § 133.170 addresses omitted child or deceased child's issue without a later-birth condition. |
Afterborn route requires no provision for child; general omission route starts with child or deceased child's issue omitted from will (NRS 133.160(1), 133.170). |
Afterborn route excluded if intention appears from will; other omissions presumed intentional, rebuttable by court finding (NRS 133.160(1)(a), 133.170). |
§ 133.160(1) lists will-apparent intent and intended outside transfer as exceptions; no other-parent devise condition appears there. |
Intended outside transfer can defeat afterborn claim; equal lifetime advancement defeats share under §§ 133.160–.180 (NRS 133.160(1)(b), 133.190, 151.120). |
Intestate-equivalent share for qualifying afterborn or other unintentionally omitted child or deceased child's issue (NRS 133.160(1), 133.170). |
Share is intestate-equivalent, rather than a pool of existing children's will gifts (NRS 133.160(1), 133.170). |
Undevised estate first; then proportional reduction of devises, with intent-based exception for specific gifts or provisions (NRS 133.180). |
Outside property transfer may defeat afterborn will share if intended in lieu of will provision (NRS 133.160(1)(b)). |
| New Hampshire verified 2026-10-05 | Omitted later-born or later-adopted child; living child omitted solely through mistaken belief of death (§ 551:10(II), (IV)). |
Birth or adoption after will execution; mistaken-death rule covers child living then (§ 551:10(II), (IV)). |
Will fails to provide for later child; mistaken-death omission must be solely from belief child was dead (§ 551:10(II), (IV)). |
Either later-child share fails if intent to omit appears from will (§ 551:10(III)). |
No-child route excepts substantially-all devise to other parent who survives and is entitled to take (§ 551:10(II)(a)). |
Section 551:10 lists no outside-transfer or advancement condition; it turns on will provision and stated exceptions (§ 551:10(II)–(IV)). |
No child living at execution: intestate-equivalent value, subject to other-parent exception (§ 551:10(II)(a)). |
If then-living children received will gifts, later child shares only in those gifts on equalized-child basis (§ 551:10(II)(b)(1)–(2)). |
No-child share: residue first, then other estate assets pro rata; child-gift route: then-living children's gifts abate ratably (§ 551:10(II)(a), (b)(4)). |
Estate means probate property disposed under will; child-gift route preserves equitable/legal, present/future gift character where feasible (§ 551:10(I), (II)(b)(3)). |
| New Jersey verified 2026-10-05 | Will; later-born/adopted child or living child wrongly believed dead (§ 3B:5-16(a), (c)). |
Birth/adoption after execution; mistaken-death child living at execution (§ 3B:5-16(a), (c)). |
Will fails to provide for later child; mistaken-death omission has separate cause test (§ 3B:5-16(a), (c)). |
No afterborn share if intent to omit appears from will (§ 3B:5-16(b)(1)). |
No intestate branch if other parent survives and takes all/substantially all, directly or via primarily-benefiting trust (§ 3B:5-16(a)(1)). |
Outside transfer substitutes if statements, amount, or other evidence show in-lieu intent (§ 3B:5-16(b)(2)). |
No living child at execution: intestate-equivalent value, subject to other-parent exception (§ 3B:5-16(a)(1)). |
Then-living children's will devises form equal-share pool for omitted later children (§ 3B:5-16(a)(2)). |
Existing children's devises abate ratably; intestate branch abates all will devisees proportionally (§ 3B:5-16(a)(2)(d), (d)). |
Other-parent trust devise can defeat share; outside-will transfer requires in-lieu intent (§ 3B:5-16(a)(1), (b)(2)). |
| New Mexico verified 2026-10-05 | Later-born/adopted child omitted from will; living child omitted solely through mistaken belief of death (§ 45-2-302(A), (C)). |
Birth or adoption after execution; separate mistaken-death route for a child already living (§ 45-2-302(A), (C)). |
Will fails to provide for later child; mistaken-death route needs omission solely from belief child was dead (§ 45-2-302(A), (C)). |
Later-child share excluded if intentional omission appears from will; subsection B expressly applies to subsection A (§ 45-2-302(B)(1)). |
No-child-at-execution share excluded if substantially all estate devised to other parent, who survives and can take (§ 45-2-302(A)(1)). |
Outside transfer defeats later-child share if meant in lieu of will gift, shown by statements, amount, or other evidence (§ 45-2-302(B)(2)). |
No living child at execution: intestate-equivalent value, subject to other-parent exception (§ 45-2-302(A)(1)). |
If then-living children received devises, later child shares equally in their devise pool; same interest character where feasible (§ 45-2-302(A)(2)(a)–(c)). |
Existing-child devises abate ratably; intestate-value branch uses § 45-3-902 order beginning with undevised property (§§ 45-2-302(A)(2)(d), (D); 45-3-902(A)). |
Outside transfer may defeat later-child coverage; equalized interest can be equitable/legal and present/future (§ 45-2-302(B)(2), (A)(2)(c)). |
| New York verified 2026-10-05 | Last will; child born after its execution and omitted from mention/provision (§ 5-3.2(a)). |
Born during testator's life after will, or in gestation at death and later born; statute does not name adoption (§ 5-3.2(b)). |
No settlement, will provision, or any will mention for the after-born child (§ 5-3.2(a)). |
No separate general intent exception in § 5-3.2; will terms limiting gifts to then-living children change share calculation (§ 5-3.2(a)(1)(B)(iii)). |
§ 5-3.2 states no separate other-parent devise exception. |
A settlement for the child defeats the threshold; § 5-3.2 does not set a general outside-gift credit. |
No child living at will execution: intestate share; with benefited living children: equalized share of their will gifts (§ 5-3.2(a)). |
If living children existed but none benefited, no share; if some benefited, share their will gifts unless will specifically limited them to then-living children (§ 5-3.2(a)(1)). |
Ratable recovery from other children or testamentary beneficiaries, preserving testamentary plan as far as possible (§ 5-3.2(c)). |
§ 5-3.2 addresses the will and settlement threshold; no express trust or beneficiary-designation share formula there. |
| North Carolina verified 2026-10-05 | Will; later-born, later-adopted, or later-entitled after-born child (§ 31-5.5(a), (c)). |
Birth, adoption, or heir entitlement after will execution (§ 31-5.5(c)). |
Any will provision for the child, however inadequate, defeats share (§ 31-5.5(a)(1)). |
Intentional nonprovision must be apparent from the will itself (§ 31-5.5(a)(2)). |
No share if surviving spouse receives the entire estate under the will (§ 31-5.5(a)(4)). |
Any provision for child effective at death defeats share, even if inadequate (§ 31-5.5(a)(5)). |
Same share child would receive if testator died intestate (§ 31-5.5(a)). |
No share if children lived at execution and none actually take under will (§ 31-5.5(a)(3)). |
Undevised property first; deficiency from devises in statutory ratio (§ 28A-22-2). |
Will provision or any provision effective at death defeats share; no instrument type specified (§ 31-5.5(a)(1), (5)). |
| North Dakota verified 2026-10-05 | Omitted afterborn or after-adopted child; living child mistakenly believed dead also covered (§ 30.1-06-02(1), (3)). |
Birth or adoption after execution; mistaken-death rule applies to child living then (§ 30.1-06-02(1), (3)). |
Will fails to provide for later child; mistaken-death omission must be solely from belief child was dead (§ 30.1-06-02(1), (3)). |
No later-child share if intent to omit appears from will (§ 30.1-06-02(2)(a)). |
No-child route excepts substantially-all devise to other parent who survives and is entitled to take (§ 30.1-06-02(1)(a)). |
Outside transfer defeats share if in-lieu intent shown by statements or reasonably inferred from amount or other evidence (§ 30.1-06-02(2)(b)). |
No child living at execution: intestate-equivalent value, subject to other-parent exception (§ 30.1-06-02(1)(a)). |
If then-living children received will gifts: equalized share drawn only from those gifts (§ 30.1-06-02(1)(b)(1)–(2)). |
No-child and mistaken-death shares use § 30.1-20-02 order; earlier children's gifts abate ratably (§ 30.1-06-02(1)(b)(4), (4)). |
Earlier child-gift character preserved where feasible; outside transfer can defeat share under in-lieu test (§ 30.1-06-02(1)(b)(3), (2)(b)). |
| Ohio verified 2026-10-05 | Will; later-born/adopted child, later-designated heir, or child/heir wrongly reported dead (§ 2107.34(A)). |
Birth alive, adoption, or heir designation after will; post-death birth over 300 days needs clear will terms and has outer cap (§ 2107.34(A), (C)). |
No will or settlement provision for child/heir or their issue (§ 2107.34(A)). |
No share if intent to disinherit appears by the will (§ 2107.34(A)). |
No other-parent exception; devises and legacies for surviving spouse are protected (§ 2107.34(A)). |
Settlement for child/heir or issue defeats threshold; interested party's advancement charged in settling claim (§ 2107.34(A)–(B)). |
Intestate comparison assumes no surviving spouse and only property not devised for spouse; treated as testate succession (§ 2107.34(A), (D)). |
No separate formula for will gifts to children living at execution; issue of covered child dying before testator may take (§ 2107.34(A)). |
Nonspouse devises and legacies abate proportionately or as will intent requires; special supposed-dead-child rule (§ 2107.34(A)–(B)). |
Posthumous will cutoff excludes testamentary trust terms; separate trust ART-child timing rule, not a general trust omitted-child share (§§ 2107.34(C), 5801.12(B)–(D)). |
| Oklahoma verified 2026-10-05 | Unmentioned afterborn child; any omitted child or issue of deceased child unless intentional (§§ 131–132). |
§ 131 covers birth after will, during testator's life or after death; § 132 covers omitted children without timing condition (§§ 131–132). |
Afterborn route requires no settlement, no will provision, and no mention; broader route requires omission of provision (§§ 131–132). |
Broader omitted-child route excluded if omission appears intentional (§ 132). |
No other-parent devise condition in omitted-child eligibility text (§§ 131–132). |
Afterborn settlement defeats § 131; equal-proportion lifetime advancement bars share under §§ 131–133 (§§ 131, 134). |
Same portion of real and personal property as on intestacy (§§ 131–132). |
No equalized will-gift pool; equal lifetime advancement bars recovery (§§ 132, 134). |
Undisposed estate first; then devisees and legatees proportionately, with intent-based specific-gift exception (§ 133). |
Settlement or advancement can defeat claim; payment rule concerns estate and will gifts (§§ 131, 133–134). |
| Pennsylvania verified 2026-10-05 | Will modified for testator's later-born or adopted child (§ 2507(4)). |
Child born or adopted after the will was made (§ 2507(4)). |
Will fails to provide for child; § 2507(4) does not make mention alone the test. |
No share if intentional failure appears from the will (§ 2507(4)). |
No other-parent devise exception in § 2507(4); property passing to a surviving spouse is excluded from the share source. |
§ 2507(4) states no separate outside-will transfer or advancement exception. |
Share as if unmarried and intestate, owning only property not passing to surviving spouse (§ 2507(4)). |
§ 2507(4) gives no separate existing-child-gift formula. |
From testator's property not passing to a surviving spouse; § 2507(4) states no ratable-abatement formula. |
Will-modification rule; § 2507(4) states no separate trust or beneficiary-designation extension. |
| Rhode Island verified 2026-10-05 | Omitted afterborn child or specified issue of deceased child; will includes effective codicils (§ 33-6-23). |
Child born after execution, during testator's life or posthumously; two descendant-timing routes; latest effective codicil is execution date (§ 33-6-23). |
Testator omits to provide in will for qualifying child or issue (§ 33-6-23). |
No share if omission appears intentional and not caused by accident or mistake (§ 33-6-23). |
No other-parent devise condition stated in § 33-6-23. |
No outside-transfer or advancement condition stated in § 33-6-23. |
Same portion qualifying child or issue would receive on intestacy (§ 33-6-23). |
No then-living-child gift pool; omitted issue receive intestate-equivalent share (§§ 33-6-23, 33-6-24). |
Share taken proportionately from devisees and legatees; specific gift or will provision may require different allocation (§ 33-6-24). |
Express scope is will and effective codicils, with contribution from will gifts (§§ 33-6-23, 33-6-24). |
| South Carolina verified 2026-10-05 | Later-born/adopted child omitted from will; living child mistakenly believed dead (§ 62-2-302(a)–(b)). |
Birth or adoption after will execution; living child believed dead at execution has separate route (§ 62-2-302(a)–(b)). |
Will fails to provide for child; mistaken-death route requires omission solely from that belief (§ 62-2-302(a)–(b)). |
Later-child share excluded if intentional omission appears from will (§ 62-2-302(a)(1)). |
Later-child share excluded if substantially all estate devised to spouse when will executed (§ 62-2-302(a)(2)). |
Outside transfer defeats later-child claim if intended in lieu of will provision; statements, amount, or other evidence show intent (§ 62-2-302(a)(3)). |
Intestate-equivalent value for later child or living child believed dead (§ 62-2-302(a)–(b)). |
No separate reduction keyed to devises for children living at execution; intestate-value measure applies (§ 62-2-302(a)–(b)). |
Will devises abate under § 62-3-902: undisposed property, residue, general, then specific devises (§ 62-2-302(c)). |
Outside transfer can defeat later-child claim; share and abatement provisions operate on estate and will devises (§ 62-2-302(a)(3), (c)). |
| South Dakota verified 2026-10-05 | Later-born or later-adopted child neither mentioned nor provided for; mistaken-death child included (§ 29A-2-302(a), (b)). |
Birth or adoption after will execution; mistaken-death rule also covers child believed dead (§ 29A-2-302(a), (b)). |
Child must be neither mentioned nor provided for in will (§ 29A-2-302(a)). |
No separate intent exception stated; mention or provision defeats ordinary coverage (§ 29A-2-302(a)). |
No-child route excepts substantially-all devise to other parent who survives and is entitled to take (§ 29A-2-302(a)(1)). |
Outside transfer defeats share if in-lieu intent shown by statements or reasonably inferred from amount or other evidence (§ 29A-2-302(a)(3)). |
No child living at execution: intestate-equivalent value, subject to other-parent exception (§ 29A-2-302(a)(1)). |
If then-living children received will gifts: equalized share only from those gifts (§ 29A-2-302(a)(2)(i)–(ii)). |
No-child route uses § 29A-3-902 order; earlier children's gifts abate ratably on child-gift route (§ 29A-2-302(a)(1), (2)(iv)). |
Earlier child-gift character preserved where feasible; outside transfer may defeat share under in-lieu test (§ 29A-2-302(a)(2)(iii), (3)). |
| Tennessee verified 2026-10-05 | Will; child born after its making and neither provided for nor disinherited (§ 32-3-103(a)). |
Born after will, before or after testator's death; section does not resolve adoption status (§ 32-3-103(a)). |
Must be pretermitted: neither provided for nor disinherited in will (§ 32-3-103(a)). |
Express disinheritance in will defeats pretermitted status; section states no outside-evidence test (§ 32-3-103(a)). |
No separate other-parent exception stated; devisees, legatees, and other heirs contribute proportionally (§ 32-3-103(a)–(b)). |
Lifetime settlement for child defeats share; settlements upon others enter contribution measure (§ 32-3-103(a)–(b)). |
Same portion as if testator died intestate (§ 32-3-103(a)). |
No special existing-child pool; other heirs and beneficiaries contribute in proportion to devises, legacies, or settlements (§ 32-3-103(b)). |
Devisees, legatees, and other heirs contribute from devised, bequeathed, or settled parts proportionally (§ 32-3-103(b)). |
Section addresses wills and expressly counts lifetime settlements; it does not itself determine trust or other nonprobate recovery (§ 32-3-103(a)–(b)). |
| Texas verified 2026-10-05 | Testator's child omitted from the will after birth or adoption; §§ 255.051–.054. |
Born or adopted after will execution, during testator's life or after death (§ 255.051). |
No mention in will, will provision, or other provision; vested or contingent death-effective gift counts (§ 255.052). |
No separate intent-only exception in §§ 255.051–.056; mention or provision defeats this subchapter's share (§ 255.052). |
Other-parent devise excluded from intestacy-comparison source; separate spouse half-reduction cap when other parent is not surviving spouse (§§ 255.053(a), 255.054, 255.056). |
Outside-will death-effective disposition for child's benefit counts as provision; § 255.052 states no separate lifetime-advancement credit. |
If no living child benefited in will, or none existed at execution: § 201.001 intestacy share assuming no surviving spouse (§§ 255.053(a), 255.054). |
If will benefited living children, new child gets only equalized portion of those children's will gifts, with matching interest character if feasible (§ 255.053(b)–(c)). |
Recover ratably from benefited children or other will beneficiaries, excluding child's other parent; preserve testamentary plan as feasible (§ 255.055). |
Will gift to trustee and outside-will death-effective benefit count as provision for child; no general nonprobate recovery stated (§ 255.052(b)). |
| Utah verified 2026-10-05 | Later-born/adopted child omitted from will; living child omitted solely through mistaken belief of death (§ 75-2-302(1), (3)). |
Birth or adoption after will execution; separate mistaken-death route for a child already living (§ 75-2-302(1), (3)). |
Will fails to provide for later child; mistaken-death route requires omission solely from belief child was dead (§ 75-2-302(1), (3)). |
Later-child share excluded if intentional omission appears from will (§ 75-2-302(2)(a)). |
No-child-at-execution share excluded if substantially all estate devised to other parent, who survives and can take (§ 75-2-302(1)(a)). |
Outside transfer defeats later-child share if intended in lieu of will gift, shown by statements, amount, or other evidence (§ 75-2-302(2)(b)). |
No living child at execution: intestate-equivalent value, subject to other-parent exception (§ 75-2-302(1)(a)). |
If then-living children received devises, later child shares equally in their devise pool; same interest character where feasible (§ 75-2-302(1)(b)(i)–(iii)). |
Existing-child devises abate ratably; intestate-value branch uses § 75-3-902 order, starting with undevised property (§§ 75-2-302(1)(b)(iv), (4); 75-3-902(1)). |
Outside transfer may defeat coverage; existing-child share preserves equitable/legal and present/future character where feasible (§ 75-2-302(2)(b), (1)(b)(iii)). |
| Vermont verified 2026-10-05 | Afterborn child without provision; any child or deceased child's descendants omitted by mistake or accident (§§ 332–333). |
§ 332 specifies birth after will-making; § 333 covers omission without a birth-timing condition. |
Afterborn child must lack provision; mistaken or accidental omission covers child or deceased child's descendants (§§ 332–333). |
Afterborn share fails if contrary intent is apparent from will; § 333 requires mistake or accident. |
§§ 332–334 state no other-parent devise exception. |
§§ 332–334 state no outside-gift or advancement test for these shares. |
Same estate share as if testator died intestate (§§ 332–333). |
§§ 332–334 state no separate existing-child gift-pool adjustment. |
Undisposed property first; then proportional devisee/legatee contribution, subject to court protection of specific gifts (§ 334). |
These provisions assign a share of the testator's estate and address property disposed of by will (§§ 332–334). |
| Virginia verified 2026-10-05 | Will; later-born/adopted child, with descendant language in no-child branch (§§ 64.2-419(A), 64.2-420(A)). |
Birth or adoption after will execution (§§ 64.2-419(A), 64.2-420(A)). |
No-child branch: neither provided for nor mentioned; existing-child branch: neither provided for nor expressly excluded (§§ 64.2-419(A), 64.2-420(A)). |
Express exclusion defeats existing-child branch; mere mention defeats no-child branch (§§ 64.2-419(A), 64.2-420(A)). |
Share conditions use will mention/provision/exclusion; no other-parent devise condition in either section (§§ 64.2-419–420). |
Eligibility turns on the will's provision, mention, or express exclusion (§§ 64.2-419(A), 64.2-420(A)). |
No-child branch: intestate share; existing-child branch: lesser of intestacy or largest aggregate named-child gift (§§ 64.2-419(A), 64.2-420(A)). |
When will provides for a living child, named-child gifts cap later child's share (§ 64.2-420(A)). |
Devisees/legatees contribute ratably, in kind or money as court deems proper; conditional reversion (§§ 64.2-419(B), 64.2-420(B)). |
Estate share funded by will devisees and legatees (§§ 64.2-419(B), 64.2-420(B)). |
| Washington verified 2026-10-05 | Will; later-born/adopted child who survives decedent (§ 11.12.091(1)). |
Born or adopted after will execution; child must survive (§ 11.12.091(1)). |
Name or future-child class counts; heirs/family class does not; nominal interest is not provision (§ 11.12.091(2)). |
Will or other clear-and-convincing evidence may show intentional failure (§ 11.12.091(1)). |
Other-parent provisions are evidence court may consider, not a categorical bar (§ 11.12.091(3)). |
Outside-will child benefits may support a smaller share; court weighs intent by clear-and-convincing evidence (§ 11.12.091(3)). |
Value of intestate share under RCW 11.04.015, subject to court reduction to zero (§ 11.12.091(3)). |
Will and outside benefits to other children are circumstances for court review (§ 11.12.091(3)). |
Will bequests abate under chapter 11.10: intestate, residuary, general, then specific, subject to intent (§§ 11.12.091(4), 11.10.010). |
Outside-will benefits affect share assessment; nonprobate abatement depends on same-obligation test (§§ 11.12.091(3), 11.10.040(3)). |
| West Virginia verified 2026-10-05 | Child born after will, or descendant, under separate no-child and existing-child routes (§§ 41-4-1, 41-4-2). |
Birth after will; § 41-4-1 expressly includes a pregnant wife whose child is born alive. These sections speak of birth (§§ 41-4-1, -2). |
No-child route: possible future child neither provided for nor mentioned; existing-child route: later child neither provided for nor expressly excluded (§§ 41-4-1, -2). |
Existing-child route excludes child expressly excluded by will; no-child route turns on provision or mention (§§ 41-4-1, -2). |
No other-parent devise condition in §§ 41-4-1 or -2; § 41-4-1 separately covers a pregnant wife. |
Settlement for later child defeats existing-child pretermitted share; § 41-4-1 states no settlement test (§§ 41-4-1, -2). |
Intestate-equivalent portion for qualifying child or descendant under either route (§§ 41-4-1, -2). |
Whether a child lived when will was made selects route; both use intestate portion, not a then-living-child gift pool (§§ 41-4-1, -2). |
Devisees and legatees contribute ratably, in kind or money as court deems proper; remaining portion reverts on specified under-18 death (§§ 41-4-1, -2). |
The cited rules address will gifts and, for existing-child wills, outside settlement (§§ 41-4-1, -2). |
| Wisconsin verified 2026-10-05 | Omitted later-born/adopted child; living child or issue of deceased child omitted by proved mistake (§ 853.25(1)(a), (2)(a)). |
Birth or adoption after will execution; living child and issue of then-deceased child covered if mistakenly omitted (§ 853.25(1)(a), (2)(a)). |
Will must fail to provide for child; mere failure to mention living child does not prove mistake (§ 853.25(1)(a), (2)(b)). |
Intentional omission may appear from will or other evidence; living-child mistake needs clear and convincing proof (§ 853.25(1)(a)1., (2)(a)). |
No-child-at-execution share excluded if substantially all estate goes to other parent, who survives and can take (§ 853.25(1)(b)). |
Outside transfer defeats later child's share if intended in lieu of will provision; intent shown by statements or inferred (§ 853.25(1)(a)2.). |
No living child at execution: value of intestate share under ch. 852; court may adjust amount or form (§ 853.25(1)(b), (5)). |
If living children received devises, omitted child shares equally in those devises, with all omitted later children counted (§ 853.25(1)(c)1.–2.). |
No-child share: intestate property first, then proportional devises; existing-child devises abate ratably (§ 853.25(4), (1)(c)4.). |
Outside-will transfer may defeat coverage; court's share is assigned out of estate, with matching equitable/legal character where feasible (§ 853.25(1)(a)2., (1)(c)3., (5)). |
| Wyoming verified 2026-10-05 | No general omitted-child share stated in current Title 2 will/intestacy provisions (§§ 2-6-101, 2-4-101). |
No omission-specific timing test stated; posthumous persons inherit as if born before death (§ 2-4-103). |
No omitted-child naming or provision test specified in Title 2 will provisions (§§ 2-6-101, -105). |
Will's expressed intention controls dispositions; no omitted-child intent exception stated (§ 2-6-105). |
No omission-specific other-parent devise condition stated (§§ 2-6-101, -105). |
§ 2-4-108 addresses written-designated advancements when a person dies intestate. |
No general omitted-child amount; undisposed property follows intestate descent (§ 2-4-101). |
No omitted-child adjustment to existing children's will gifts stated (§§ 2-6-101, -105). |
No omitted-child abatement formula stated; minor-child allowances are separately provided (§§ 2-7-501, -504). |
A will may devise to an existing trust; no omitted-child extension stated in that section (§ 2-6-103). |
This survey covers 48 of 51 jurisdictions so far; new states are verified and added continuously. A state missing here hasn't been verified yet. We don't publish unverified answers. Arkansas is a separate case: no official statute text is publicly available to quote there.
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