If none of these conditions apply, the omitted child could petition the probate court to receive an inheritance. The amount and extent of the inheritance would be determined in accordance with the intestate provisions of the California Probate Code and could impact other beneficiaries’ rights.

The Necessity of Revising Your Estate Plan

California’s probate code is complex. If you have recently had a child or are expecting to have a child, you should talk to your estate planning attorney about:

  • How your will may need to be structured
  • Why you should update your beneficiary designations
  • The role of insurance policies in estate planning

Even if you have already established a comprehensive and iron-clad estate plan, its integrity could be threatened by the birth of a child, a marriage, or a divorce. 


Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.