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DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS 21101-21700›PART 6. FAMILY PROTECTION: OMITTED SPOUSES AND CHILDREN 21600-21630›CHAPTER 3. Omitted Children 21620-21623

§ 21621

California Probate Code · 2026-09 edition · updated 2026-10-03 · California

A child shall not receive a share of the estate under Section 21620 if any of the following is established:

(a) The decedent’s failure to provide for the child in the decedent’s testamentary instruments was intentional and that intention appears from the testamentary instruments.

(b) The decedent had one or more children and devised or otherwise directed the disposition of substantially all the estate to the other parent of the omitted child.

(c) The decedent provided for the child by transfer outside of the estate passing by the decedent’s testamentary instruments and the intention that the transfer be in lieu of a provision in said instruments is shown by statements of the decedent or from the amount of the transfer or by other evidence.

(Amended by Stats. 2024, Ch. 80, Sec. 108.5. (SB 1525) Effective January 1, 2025.)

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