What is the primary condition under which omitted heirs may claim a portion of an estate?

The primary condition under which omitted heirs may claim a portion of an estate is when they were born after the execution of the will. In Georgia, if a child is born after a parent executes a will and the will does not include any provision for that child, the law provides that the child is entitled to a share of the estate. This principle is grounded in the idea that parents are generally expected to provide for their children, even if those children were not in existence at the time the will was created.

This situation serves to protect the rights of children who may not have been considered or anticipated by the testator when the will was drafted. The rationale is that it would be inequitable to disinherit a child simply because they were born later.

In contrast, being mentioned in the will, intentional omission, or legitimacy are not primary factors in determining the rights of previously unrecognized heirs under Georgia probate law. The law specifically addresses the status of after-born children to ensure they are not disadvantaged due to circumstances outside their control at the time the will was executed.