Omitted or Pretermitted Children Under Wills in Oklahoma

Short answer Oklahoma gives an unmentioned child born after a will an intestate share if the child received no settlement or will provision. A broader section gives an omitted child, or issue of a deceased child, the same share unless the omission appears intentional. An equal lifetime advancement can eliminate the statutory share, and undisposed estate property funds it before will gifts are reduced. (84 O.S. §§ 131–134.)
State
Oklahoma
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Will and child coveredUnmentioned afterborn child; any omitted child or issue of deceased child unless intentional (§§ 131–132).
Birth or adoption timing§ 131 covers birth after will, during testator's life or after death; § 132 covers omitted children without timing condition (§§ 131–132).
Naming and provision testAfterborn route requires no settlement, no will provision, and no mention; broader route requires omission of provision (§§ 131–132).
Intentional omissionBroader omitted-child route excluded if omission appears intentional (§ 132).
Other-parent giftsNo other-parent devise condition in omitted-child eligibility text (§§ 131–132).
Outside gifts and advancementsAfterborn settlement defeats § 131; equal-proportion lifetime advancement bars share under §§ 131–133 (§§ 131, 134).
Baseline statutory shareSame portion of real and personal property as on intestacy (§§ 131–132).
Effect of gifts to existing childrenNo equalized will-gift pool; equal lifetime advancement bars recovery (§§ 132, 134).
Property source and abatementUndisposed estate first; then devisees and legatees proportionately, with intent-based specific-gift exception (§ 133).
Trust and nonprobate reachSettlement or advancement can defeat claim; payment rule concerns estate and will gifts (§§ 131, 133–134).

Requirements one by one

Which child qualifies

Under 84 O.S. § 131, a child born after the will, during the testator's life or after death, qualifies if there was no settlement and the child was neither provided for nor mentioned in the will. Section 132 separately covers a child omitted from a will, or the issue of a deceased child, without the later-birth condition, unless the omission appears intentional. Both provisions use an intestate-share measure.

Payment source

Under 84 O.S. § 133, property not disposed of by the will comes first. If that is insufficient, devisees and legatees contribute in proportion to their will gifts. A specific devise or other provision can be exempted, with a different apportionment, when ordinary reduction would defeat the testator's obvious intention.

What trips people up

The lifetime-transfer rules are distinct. Under § 131, an afterborn child must lack a settlement. Under § 134, an omitted child or descendant who received an equal proportion of the estate as a lifetime advancement takes nothing under §§ 131–133. The statute does not treat every outside gift as an equal advancement.

Common questions

Does an existing child have to be born after the will? Section 132 covers a child omitted from the will without stating a birth-after-execution condition.

Can the issue of a deceased child claim? Yes, § 132 expressly includes the issue of a deceased child, subject to its intentional-omission condition.

Statutes and sources

  • 84 O.S. §§ 131–134. 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.

84 O.S. § 131 · accessed 2026-10-05
84 O.S. § 132 · accessed 2026-10-05
84 O.S. § 133 · accessed 2026-10-05
84 O.S. § 134 · 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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