Omitted Heir Law and Legal Definition

Omitted Heir is a child who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed an omitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as he or she would have if the deceased had died without a will. An omitted heir is sometimes called an pretermitted heir.