Utah Code » Title 75, Chapter 2 — Intestate Succession and Wills; part 75-2-3 — Spouse and Children Unprovided for in Wills
Utah Code

Utah Code § 75-2-302 (2026)

Omitted children

✓ current as of May 2026
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Except as provided in Subsection (2), if a testator fails to provide in his will for any of his children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as follows:
If the testator had no child living when he executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.
If the testator had one or more children living when he executed the will, and the will devised property or an interest in property to one or more of the then-living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows:
The portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises made to the testator's then-living children under the will.
The omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in Subsection (1)(b)(i), that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.
To the extent feasible, the interest granted an omitted after-born or after-adopted child under this section shall be of the same character, whether equitable or legal, present or future, as that devised to the testator's then-living children under the will.
In satisfying a share provided by this section, devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.
Neither Subsection (1)(a) nor Subsection (1)(b) applies if:
it appears from the will that the omission was intentional; or
the testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.
If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.
In satisfying a share provided by Subsection (1)(a), devises made by the will abate under Section 75-3-902.
Notes of Decisions
Cited in 5 cases, 1982–2013 · leading case: Est. of Jones v. Jones, 759 P.2d 345 (Utah Ct. App. 1988).
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Est. of Jones v. Jones, 759 P.2d 345 (Utah Ct. App. 1988). · cites it 14× “He also claimed that, even if the will was not so obtained, he was entitled to an intestate share of his father’s estate as a pretermitted child under Utah Code Ann. § 75-2-302 (1) (1978) because the will itself did not show an intention to disinherit him.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “2011); Utah Code Ann. § 75-2-302 (Supp. 2010); Vt.”
Matter of Est. of Jones, 858 P.2d 983 (Utah 1993). · cites it 2× “See Utah Code Ann. § 75-2-302 (1978). At trial in February of 1986, the third district court found that the will was valid and that Jones was not a pretermitted child under Utah law.”
In re J. P., 648 P.2d 1364 (Utah 1982). “-11-7; (3) parental right to sue for the wrongful death, § 78-11-6, or (4) seduction of a minor child, § 78-11-5; (5) parental right to notice, if possible, of an abortion to be performed upon a minor child, § 76-7-304; (6) parental right to testamentary appointment of a…”
In Re Jp, 648 P.2d 1364 (Utah 1982). “-11-7; (3) parental right to sue for the wrongful death, § 78-11-6, or (4) seduction of a minor child, § 78-11-5; (5) parental right to notice, if possible, of an abortion to be performed upon a minor child, § 76-7-304; (6) parental right to testamentary appointment of a…”
Utah Code § 75-2-302(l)(a): 1 case
Est. of Jones v. Jones, 759 P.2d 345 (Utah Ct. App. 1988). “He also claimed that, even if the will was not so obtained, he was entitled to an intestate share of his father’s estate as a pretermitted child under Utah Code Ann. § 75-2-302 (1) (1978) because the will itself did not show an intention to disinherit him.”
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