Skip to main content

Pretermitted Heir

Probate & Legal

A child or other heir unintentionally left out of a will, often because they were born or adopted after the will was signed.

A pretermitted heir is a child or descendant who is not mentioned or provided for in a will. Arizona protects accidentally omitted children so they are not disinherited by oversight.

Arizona's Pretermitted Child Rule

If a child is born or adopted after the will was signed and is not provided for, the child generally receives the share they would have received under intestate succession. Existing children deliberately omitted do not get this protection if the will's language shows the omission was intentional.

Drafting to Avoid Disputes

Modern Arizona wills typically include a clause stating that the testator intends to provide for all children currently living and any children born after the will is signed ("any future-born or adopted children") or, conversely, intends to disinherit specific named individuals. Clear language prevents pretermitted heir claims later.

Arizona Statutory Rule

Arizona's omitted child statute is A.R.S. 14-2302, which sets the share an unintentionally omitted child receives.

Related Services

Get Started Today

Need Help With Your Estate Plan?

RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570