Omitted or Pretermitted Children Under Wills in Washington

Short answer A Washington child born or adopted after a will who survives the decedent may receive an omitted-child share if the will neither names nor provides for the child. The starting amount matches intestacy, but clear and convincing evidence can show intentional omission or support a smaller share, even zero. The court may consider outside-will benefits and the treatment of the child's other parent. (RCW 11.12.091.)
State
Washington
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Will and child coveredWill; later-born/adopted child who survives decedent (§ 11.12.091(1)).
Birth or adoption timingBorn or adopted after will execution; child must survive (§ 11.12.091(1)).
Naming and provision testName or future-child class counts; heirs/family class does not; nominal interest is not provision (§ 11.12.091(2)).
Intentional omissionWill or other clear-and-convincing evidence may show intentional failure (§ 11.12.091(1)).
Other-parent giftsOther-parent provisions are evidence court may consider, not a categorical bar (§ 11.12.091(3)).
Outside gifts and advancementsOutside-will child benefits may support a smaller share; court weighs intent by clear-and-convincing evidence (§ 11.12.091(3)).
Baseline statutory shareValue of intestate share under RCW 11.04.015, subject to court reduction to zero (§ 11.12.091(3)).
Effect of gifts to existing childrenWill and outside benefits to other children are circumstances for court review (§ 11.12.091(3)).
Property source and abatementWill bequests abate under chapter 11.10: intestate, residuary, general, then specific, subject to intent (§§ 11.12.091(4), 11.10.010).
Trust and nonprobate reachOutside-will benefits affect share assessment; nonprobate abatement depends on same-obligation test (§§ 11.12.091(3), 11.10.040(3)).

Requirements one by one

Naming and provision

§ 11.12.091(2) treats identification by name as naming even without calling the person a child. A class reference to the testator's children, descendants, or issue born after execution also names a class member. A nominal interest is not provision, although another form of naming in the same will still matters.

Intent and amount

Under § 11.12.091(1), the will or other clear and convincing evidence can establish that the failure to name or provide for the child was intentional. If the child qualifies, subsection (3) starts with the value of the child's intestate share. The court may reduce it, including to zero, only on clear and convincing evidence that a smaller share better matches the decedent's intent. The court may consider the overall plan and benefits to the omitted child, other children, and the child's other parent, inside or outside the will.

Share source

§ 11.12.091(4) sends will bequests to Chapter 11.10's abatement rules. § 11.10.010(1) orders intestate property, residuary gifts, general gifts, then specific gifts, with proportional reduction within a class. Subsection (2) permits a different order to give effect to the will or testamentary plan.

What trips people up

A benefit outside the will is a circumstance the court may consider under § 11.12.091(3); it is not automatically credited dollar for dollar or a categorical bar. The same is true of provision for the child's other parent. For nonprobate assets, § 11.10.040(3) makes abatement conditional on the asset being subject to the same obligations as will assets; these provisions do not decide that condition for a particular asset.

Common questions

Must the child live longer than the decedent? Yes. § 11.12.091(1) includes survival in the definition of an omitted child.

Does a will reference to “my heirs” name a future child? No. § 11.12.091(2)(b) distinguishes an heirs or family class from a class of children, descendants, or issue born after execution.

Statutes and sources

  • Wash. Rev. Code §§ 11.12.091, 11.10.010, and 11.10.040. 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.

Wash. Rev. Code § 11.12.091(1)–(2) · accessed 2026-10-05
Wash. Rev. Code § 11.12.091(3)–(4) · accessed 2026-10-05
Wash. Rev. Code § 11.10.010(1)–(2) · accessed 2026-10-05
Wash. Rev. Code § 11.10.040(3) · 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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