In short: Under Fla. Stat. § 732.302, a child born or adopted after a parent signs a will, and not provided for in it, generally receives the share the child would have taken with no will. The two exceptions: the will shows the omission was intentional, or the parent already had children and left substantially everything to the child’s other parent, who survives.
Fair is not the same as equal
Families often assume every child will be treated equally. Florida law does not require that. A parent can leave children unequal shares, or nothing, if the will says so. The pretermitted child rule fills a narrower gap: the child who did not exist when the will was signed.
Who qualifies
The statute covers a child born or adopted after the will was made, whom the testator omitted to provide for by will, and who did not receive an advancement during the testator’s life. That child receives the share he or she would have received if the testator had died without a will.
The two exceptions
- Intentional omission. If it appears from the will that leaving out later-born children was intentional, the rule does not apply.
- Everything to the other parent. If the testator had one or more children when the will was signed and devised substantially all of the estate to the other parent of the pretermitted child, and that parent survives and takes under the will, the child takes nothing extra.
The second exception reflects how most married couples plan: everything to the surviving spouse, who is expected to provide for all the children.
The parallel rule for a later spouse
Section 732.301 does something similar for a spouse married after the will was signed. The new spouse takes an intestate share unless a prenuptial or postnuptial agreement addressed it, the spouse is provided for in the will, or the will shows an intent not to provide for the spouse.
What it means for planning and disputes
Update a will after a birth, adoption, marriage or divorce. A clause addressing after-born or after-adopted children removes the question entirely.
In a dispute, the questions are factual: when was the will signed, when was the child born or adopted, does the will show intent, and who takes under it. Revocable trusts are not governed by § 732.302, so a plan built on a trust needs its own provision for later children.
Lessons
- A child born or adopted after the will can take an intestate share unless an exception applies.
- Intentional omission must appear from the will itself.
- Leaving substantially everything to the other parent defeats the claim when there were already children.
- Review your will after every birth, adoption, marriage or divorce.
Source: Fla. Stat. § 732.302 (2026), Florida Senate
Source: Fla. Stat. § 732.301 (2026), Florida Senate
Watch the Video
When “Fair” Doesn’t Mean Equal in Florida
Go Deeper
- Dying Without a Will in Florida: Intestate Succession
- Stepchildren, Blended Families and Inheritance in Florida
- Contesting a Will in Florida: Standing, Burden and Deadlines
Frequently Asked Questions
What is a pretermitted child in Florida?
A child born or adopted after a parent signed a will, who was not provided for in the will and did not receive an advancement.
What does a pretermitted child receive?
The share the child would have received if the parent had died without a will, unless an exception applies.
Can a parent disinherit a child born after the will?
Yes, if the will shows the omission was intentional, or if the parent already had children and left substantially everything to the child’s surviving other parent.
Does the rule apply to a spouse married after the will?
A similar rule applies under § 732.301, with exceptions for prenuptial agreements, provisions in the will and intentional omission.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Keep Reading: Related Florida Probate and Trust Questions
Go Deeper: The Statutes and the Appellate Cases
Want the primary sources behind this answer? Start here.
- Chapter 732: Intestate Succession, Wills, Elective Share and Homestead (statute text on FloridaRules.net)
