Omitted or Pretermitted Children Under Wills in Colorado

Short answer A child who becomes the testator's child after a Colorado will is executed may receive a share if the will does not provide for that child. The amount depends on whether the testator had living children when the will was signed and gave them property. An intentional omission apparent from the will or a qualifying outside transfer defeats the claim; a living child mistakenly believed dead is also protected. (Colo. Rev. Stat. § 15-11-302.)
State
Colorado
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Will and child coveredChild becoming testator's child after will; also living child mistakenly believed dead (§ 15-11-302(1), (3)).
Birth or adoption timingParenthood arises after will execution; living child believed dead at execution has separate route (§ 15-11-302(1), (3)).
Naming and provision testWill fails to provide for later child; living-child route requires omission solely from mistaken belief of death (§ 15-11-302(1), (3)).
Intentional omissionNo later-child share if intentional omission appears from the will (§ 15-11-302(2)(a)).
Other-parent giftsNo-child-at-execution share excluded if substantially all estate goes to other parent, who survives and can take (§ 15-11-302(1)(a)).
Outside gifts and advancementsOutside transfer defeats share if intended in lieu of will gift; intent shown by statements or inferred (§ 15-11-302(2)(b)).
Baseline statutory shareNo living child at execution: intestate-equivalent value; existing-child devise route uses equal share of those devises (§ 15-11-302(1)(a)–(b)).
Effect of gifts to existing childrenLater child shares only devises to children living at execution; count all omitted children equally (§ 15-11-302(1)(b)(I)–(II)).
Property source and abatementExisting-child devises abate ratably; no-child route follows statutory abatement order (§§ 15-11-302(1)(b)(IV), (4), 15-12-902).
Trust and nonprobate reachOutside 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)).

Requirements one by one

Which child qualifies

Section 15-11-302(1) covers a person who becomes the testator's child after execution when the will does not provide for that child. Subsection (3) also protects a child living at execution who was left out solely because the testator believed the child was dead. The statute uses that mistaken-death fact as the route for an already living child.

How the share is calculated

When no child was living at execution, § 15-11-302(1)(a) gives the omitted child the value of an intestate share. When living children received will devises, subsection (1)(b) instead confines the pool to those children's devises and treats all omitted children as included for equal division. The omitted child's interest must match the existing children's equitable or legal, present or future interests as far as feasible.

Which gifts are reduced

Under § 15-11-302(1)(b)(IV), devises to the children living at execution abate ratably, with the court preserving the testamentary plan as far as possible. For the intestate-value route, subsection (4) invokes § 15-12-902(1): undisposed property, residue, general devises, and specific devises, in that order, subject to the will's expressed order or a defeated express purpose.

What trips people up

The other-parent exception in § 15-11-302(1)(a) applies only when all or substantially all of the estate was devised to or for that parent, who must survive and be entitled to take. Under § 15-11-302(2), an outside transfer defeats a later child's claim only when it was meant to stand in place of a will provision; the testator's statements or other evidence must support that intent.

Common questions

Can a statement outside the will prove intentional omission? Section 15-11-302(2)(a) specifies that intentional omission must appear from the will. The separate outside-transfer exception allows other evidence of intent under subsection (2)(b).

What if the will gave nothing to children who were living when it was signed? The equalized child-devise route requires a devise to at least one then-living child under § 15-11-302(1)(b). That route does not supply a pool without such a devise.

Statutes and sources

  • Colo. Rev. Stat. §§ 15-11-302 and 15-12-902. Verbatim current text, the official Title 15 URL, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Colo. Rev. Stat. § 15-11-302(1) · accessed 2026-10-05
Colo. Rev. Stat. § 15-11-302(1)(b) · accessed 2026-10-05
This page gives general information about omitted-child statutes, not advice about a particular child, will, or estate. The will's words, other law, and the facts can change the result. Check current official law and consult a licensed adviser before acting.

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