Omitted or Pretermitted Children Under Wills in District of Columbia

Short answer The current D.C. Code provisions on wills, intestacy, and estate administration do not set a general omitted-child share formula. Section 20-701 refers to rights of a pretermitted child described elsewhere in its title, but does not say which child qualifies or calculate a share. A posthumous child has the same rights in an intestate inheritance as if born before the decedent's death; that provision does not itself redirect property disposed of by will.
State
District of Columbia
Statute checked
October 5, 2026
Sources
5 statutes

At a glance

Will and child coveredNo general omitted-child share stated in current will/probate provisions; § 20-701 mentions pretermitted child without a rule.
Birth or adoption timingNo omitted-child timing test stated; posthumous child has intestate inheritance right (§ 19-314).
Naming and provision testNo statutory will naming/provision test for an omitted-child share identified (§§ 18-301, 20-701).
Intentional omissionNo omitted-child intent exception specified in cited will/probate provisions (§§ 18-301, 20-701).
Other-parent giftsNo omitted-child other-parent devise condition specified (§§ 18-301, 20-701).
Outside gifts and advancementsNo omission-specific outside-gift test; § 19-319 adjusts intestate shares for advancements.
Baseline statutory shareNo omitted-child amount stated; intestacy governs property not devised or bequeathed (§ 19-301).
Effect of gifts to existing childrenNo omitted-child gift-pool adjustment specified in cited scheme (§§ 18-301, 20-701).
Property source and abatementNo omitted-child abatement formula stated; representative follows will or intestacy as applicable (§§ 19-301, 20-701).
Trust and nonprobate reachCited will provision concerns disposition by will; cited probate duty addresses will or intestacy (§§ 18-301, 20-701).

Without a stated omitted-child share

Under § 18-301, a person may dispose of eligible property by will. Under § 19-301, property not devised or bequeathed passes through intestate succession. These provisions do not turn every omission of a child into partial intestacy or specify a share from will gifts. The reference in § 20-701 preserves a representative's duty concerning a pretermitted child “as described elsewhere in this title,” but that sentence does not identify a child, amount, or funding order.

What trips people up

The posthumous-child rule in § 19-314 concerns inheritance from an intestate. Likewise, § 19-319 adjusts intestate shares for a lifetime advancement. Neither provision states an omitted-child claim against property already disposed of by will. A particular will, other law, and the facts still require separate analysis.

Common questions

Does the reference to a pretermitted child in the probate code calculate a share? Section 20-701 preserves a distribution duty subject to rights described elsewhere; it gives no amount or eligibility test itself.

What if the will leaves some property undisposed of? Under § 19-301, real estate not devised and surplus personal estate not bequeathed pass under the intestacy chapter.

Statutes and sources

  • D.C. Code §§ 18-301, 19-301, 19-314, 19-319, and 20-701. Verbatim current text and canonical official reader URLs appear in the source fields above.

Source links

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

D.C. Code § 18-301 · accessed 2026-10-05
D.C. Code § 19-301 · accessed 2026-10-05
D.C. Code § 19-314 · accessed 2026-10-05
D.C. Code § 19-319 · accessed 2026-10-05
D.C. Code § 20-701 · 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.

What does District of Columbia law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current District of Columbia law apply to your situation, with citations you can check.

Opens in Ezel Pro.

  • Starts from the statutes this survey is built on
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace