Last Reviewed and Updated: August 19, 2026
Yes. In most states, you can disinherit an adult child. Disinheriting a child means intentionally excluding that child from receiving an inheritance under your will. However, simply leaving the child’s name out may not be enough. State laws can protect certain children or property, so your intention to disinherit should be clearly stated in your will.
To disinherit a child means intentionally deciding that the child will not receive an inheritance under your will.
This is different from accidentally leaving a child out.
If you intend to disinherit a child, clearly identifying the child and stating that the omission is intentional can help prevent questions about whether you simply forgot to include them.
This distinction can become important if the will is later challenged.
In most states, yes. Adult children generally do not have an automatic right to inherit from a parent’s will.
However, exceptions can apply. State laws may protect:
Therefore, whether a child can be completely excluded from an estate may depend on the child’s circumstances, the property involved, and state law.
If you intend to disinherit a child, your will should make that decision clear.
Generally:
Simply omitting a child’s name can create uncertainty about whether the omission was intentional.
The will itself must also comply with applicable state requirements. Learn more about what constitutes a valid will.
Because inheritance laws vary by state, an estate planning attorney may be appropriate when intentionally disinheriting a child.
Not always.
If a child is simply missing from a will, questions can arise about whether the parent intended to disinherit the child or accidentally omitted them.
This can be especially important when a child was born or adopted after the will was created. Many states have laws designed to protect certain children who were unintentionally omitted from a parent’s will.
Clearly stating the intention to disinherit a child can help distinguish an intentional decision from an accidental omission.
Generally, yes.
Adopted children are typically treated as children of their adoptive parents for inheritance purposes. When state law permits an adult biological child to be intentionally disinherited, an adult adopted child can generally also be disinherited.
However, special rules may apply if the child was adopted after the will was created or another state inheritance protection applies.
Most states allow parents to disinherit adult children, but important exceptions exist.
Louisiana has forced heirship laws that provide inheritance rights to certain descendants. These protections can apply based on the descendant’s age or qualifying incapacity or infirmity.
Florida generally permits the disinheritance of adult children. However, Florida’s homestead laws can restrict how protected homestead property passes when the owner leaves a surviving spouse or minor child.
These are examples of why state law matters. The ability to exclude a child from the will does not necessarily mean every asset in the estate can be left to someone else.
Yes. A disinherited child can challenge a will, but being disinherited does not by itself make the will invalid.
A will contest generally requires a recognized legal basis, which may include:
For example, a child may claim another person improperly pressured the parent to change the will. Learn more about undue influence and what it means in a will.
For a broader explanation of the grounds and process involved, see How to Contest a Will.
If a will is successfully invalidated, an earlier valid will may control the estate. If no valid will remains, state intestate succession laws may determine who inherits.
No. Disinheriting a child in a will does not necessarily prevent that child from receiving other assets.
Some property can pass outside a will, including assets controlled by:
For example, removing a child from your will does not automatically remove that child as the beneficiary of an account.
Anyone intentionally disinheriting a child should therefore review the entire estate plan, including who has been named as a beneficiary.
Usually, the most important issue is making it clear that the decision is intentional.
Including a long explanation of family disputes or personal grievances in a will can sometimes create additional issues rather than prevent them. The appropriate wording can depend on the circumstances and state law.
If there is a significant risk of a dispute, consider discussing the wording and overall estate plan with an estate planning attorney.
Yes. Disinheriting an adult child is legal in most states. However, state laws may protect certain children, heirs, spouses, or property. Clearly documenting the intention to disinherit a child can help distinguish an intentional decision from an accidental omission.
Generally, identify the child and clearly state in the will that you intentionally do not want that child to inherit under the will. The will must also satisfy the legal requirements of the state where it will be administered.
Yes. A disinherited child can contest a will, but disinheritance alone is generally not enough to invalidate it. A challenge usually requires a legal basis such as undue influence, fraud, lack of testamentary capacity, or improper execution. See Contesting a Will for more information.
Generally, yes. When state law permits an adult biological child to be intentionally disinherited, an adult adopted child can usually also be disinherited. However, protections for children born or adopted after a will was created and other state-specific rules may apply.
Disinheriting a child is legal in most states, particularly when the child is an adult. However, intentionally excluding a child should be clearly documented rather than accomplished by simply leaving the child’s name out.
Review the will along with beneficiary designations and other assets that pass outside the will. State protections involving children, surviving spouses, or certain property can affect the final result.
If your existing will no longer reflects your wishes, you can learn about creating a will online for free.
This content is provided for informational purposes only and does not constitute legal advice.
This article was prepared by estate planning researchers and reviewed by S. Miller and staff. With more than 25 years of experience in estate planning documentation and probate processes, our editorial oversight ensures clarity and accuracy. This content is provided for informational purposes only and does not constitute legal advice.
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