What is an omitted child's right to inherit in California?

What the Law Says

California law protects children who are unintentionally left out of a parent’s will — known as 'omitted children' — by giving them a statutory inheritance share unless certain exceptions apply.

Under California Probate Code § 216, a child born or adopted after a will is executed is presumed to have been omitted unless the will shows the testator intended to exclude them, or the child was provided for outside the will (e.g., via lifetime gifts or trusts).

If the parent has other living children who *are* named in the will, the omitted child receives a share equal to what they would have received under intestate succession — typically one-third of the estate if there are two or more children, or one-half if they are the only child.

The law also applies to children born before the will was signed but not mentioned in it — if the omission appears unintentional (e.g., no evidence the child was forgotten or disinherited), they may still qualify as omitted.

Statutory Text

A child of a testator born after the execution of the testator's will is entitled to receive a share of the estate equal to the share the child would have received had the testator died intestate, unless… the will shows that the omission was intentional or the child was provided for outside the will.

— Probate Code § 216(a) — Omitted child; entitlement to share

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