Can I disinherit my child in California?

What the Law Says

California law permits parents to disinherit adult children, as long as the intent is clearly stated in a valid will or trust. Unlike some states, California does not give children a 'forced share' of an estate.

Under California Probate Code § 21620, a parent may intentionally omit a child from a will or trust — but the omission must be deliberate and unambiguous. Accidental omissions (e.g., forgetting to update a will after having another child) may trigger a 'pretermitted child' claim.

Probate Code § 21620 states: 'A child of the testator born after the execution of a testamentary instrument is not entitled to share in the estate unless the instrument provides for the child or shows an intention to disinherit the child or to make provision for the child outside the instrument.'

Importantly, California does not recognize 'involuntary disinherison' — silence or vague language is not enough. You must use clear words like 'I intentionally omit my child, [Name],' or similar unequivocal language.

Note: This rule applies only to adult children. Minor or dependent children may still have rights under other laws (e.g., support claims), but they do not have automatic inheritance rights either.

Statutory Text

A child of the testator born after the execution of a testamentary instrument is not entitled to share in the estate unless the instrument provides for the child or shows an intention to disinherit the child or to make provision for the child outside the instrument.

— Probate Code § 21620 — Pretermitted child

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