Omitted or Pretermitted Children Under Wills in Kentucky

Short answer A Kentucky child born or adopted after a will who was not provided for generally receives the value of an intestate share. The statute excludes an intentional omission shown in the will, a qualifying devise to the child's other parent, or outside transfers meant to replace a will gift. A separate provision directs that a posthumous child's share come first from property the will did not dispose of. (KRS §§ 394.382, 394.460–.470.)
State
Kentucky
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Will and child coveredChild born or adopted after will execution and not provided for; separate posthumous-child rule (§§ 394.382(1), 394.460).
Birth or adoption timingBorn or adopted after execution; § 394.460 expressly addresses posthumous child (§§ 394.382(1), 394.460).
Naming and provision testWill fails to provide for later child; no separate nominal-gift test stated (§ 394.382(1)).
Intentional omissionLater-child share excluded if intentional omission appears from will (§ 394.382(1)(a)).
Other-parent giftsAt execution, testator had child and devised substantially all estate to omitted child's other parent (§ 394.382(1)(b)).
Outside gifts and advancementsOutside transfers defeat share if intended in lieu of will provision, shown by statements, amount, or other evidence (§ 394.382(1)(c)).
Baseline statutory shareValue of share child would receive on intestacy (§ 394.382(1)).
Effect of gifts to existing childrenExisting child matters to other-parent exception; no equalized child-devise formula (§ 394.382(1)(b)).
Property source and abatementGeneral share ratably from heirs, devisees, legatees; posthumous share first from undisposed estate, then ratably from devisees (§§ 394.382(2), 394.460).
Trust and nonprobate reachOutside transfers can defeat coverage; statutory share is taken from estate interests and devises (§ 394.382(1)(c), (2)).

Requirements one by one

Qualifying child and amount

The rule in § 394.382(1) protects a child born or adopted after will execution who receives no will provision. The child's starting share equals the value the child would have received on intestacy. The exception for a devise to the other parent applies only if the testator already had one or more children at execution and devised substantially all the estate to that parent.

Source of payment

For the general later-child share, § 394.382(2) takes the amount ratably from heirs, devisees, and legatees. The separate posthumous-child rule in § 394.460 directs the share first from property not disposed of by the will after debts and charges, then ratably from devisees. Under § 394.470, that child is a devisee for contribution rights and responsibilities.

What trips people up

Section 394.382(1)(c) requires more than an outside gift: the testator must have meant the transfers to replace a testamentary provision, as shown by statements, the amount transferred, or other evidence. Intentional omission under subsection (1)(a), by contrast, must appear from the will.

Common questions

Does a posthumous child use the same payment source as every later child? Section 394.460 supplies a specific order for a posthumous child: undisposed estate property first, then devisees ratably.

Does the statute equalize gifts to children already named in the will? Section 394.382(1) uses an intestate-value measure and subsection (2) apportions payment among heirs, devisees, and legatees; it does not set out a child-gift equalization pool.

Statutes and sources

  • KRS §§ 394.382 and 394.460–.470. Verbatim current text, official section URLs, and access dates appear in the source fields above.

Source links

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

KRS § 394.382(1) · accessed 2026-10-05
KRS § 394.382(2) · accessed 2026-10-05
KRS § 394.460 · accessed 2026-10-05
KRS § 394.470 · 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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