Detailed Answer

Short answer: In Maine you can establish that a deceased person is your father for inheritance purposes even if his name is not on your birth certificate. Typical routes are: (1) a court determination of parentage (paternity) using DNA or other evidence; (2) a written voluntary acknowledgment of paternity if one exists; or (3) evidence of legitimation or equitable estoppel in limited circumstances. Once a court declares parentage, you can use that order to assert inheritance rights in Probate Court.

How Maine law treats parentage and inheritance (overview)

Maine’s statutes govern both parentage (how courts establish who is a parent) and probate/intestate succession (how estates are distributed when someone dies without a valid will). Those statutes work together: if you prove someone is your parent under Maine parentage law, that status generally makes you an heir for probate purposes under Maine probate law.

For the authoritative text of Maine’s laws on parentage and probate, consult the Maine Legislature statutory pages: https://legislature.maine.gov/statutes/. For birth-record and vital-records procedures (for amending a birth certificate after a court order), see Maine Department of Health and Human Services Vital Records: https://www.maine.gov/dhhs/mecdc/vital-records/.

Steps to prove you are your dad’s child for inheritance

1. Collect documents and evidence now
   • Your birth certificate and any family papers that mention a paternal name.
   • Correspondence, photographs, letters, emails, text messages showing a father–child relationship.
   • Tax returns, Social Security records, health records, school records, or insurance paperwork that list or refer to the deceased as your father.
   • Any signed Acknowledgment of Paternity, child support or custody orders, or other legal documents where paternity is admitted.
2. Look for a voluntary acknowledgment of paternity

   Sometimes a father signs an official Acknowledgment of Paternity soon after a child’s birth. If such a document exists, it is strong evidence. Contact Maine Vital Records for guidance on whether an Acknowledgment exists and how it affects the birth record: Maine Vital Records.

3. Start a paternity (parentage) action in court if needed

   If there is no voluntary acknowledgment or it is contested, file a petition in Maine District Court or Probate Court (family/paternity procedures vary) asking the court to determine parentage. Courts can order genetic (DNA) testing. A court order declaring you are the child of the deceased is the strongest basis to claim inheritance rights in probate.

4. Use DNA testing when possible

   When the putative father is deceased, DNA testing can still be done using the father’s preserved tissue, hospital samples, dental remains, or with DNA from close biological relatives (siblings, the father’s parents). Courts rely on accredited lab testing with documented chain of custody. If the father’s remains or records are unavailable, kinship testing using close relatives may still be persuasive to the court.

5. Obtain a court order of parentage and present it to Probate Court

   Once a court issues an order that establishes parentage, bring or file that order in the probate case for the decedent’s estate. Probate judges treat a court determination of parentage as proof of heirship; you may then be recognized as an heir and share in any intestate estate or be eligible to receive assets named to children.

6. If the estate is still open, act quickly

   If the decedent’s estate is already in probate, you must move promptly to participate in the probate proceedings. If the estate closed, you may face deadlines for reopening a probate estate — consult a probate attorney quickly to learn the applicable procedures.

Types of evidence courts consider

• Genetic/DNA test results (court-ordered and performed by accredited labs).
• Signed Acknowledgment of Paternity or paternity findings in earlier court orders.
• Proof that the father publicly treated you as his child: included you on tax returns, claimed benefits, named you in a will or insurance form, or provided financial support.
• Affidavits from relatives or others who knew the family situation.
• Medical records showing parentage information or testing done during the father’s life.

Practical points about birth-certificate amendments

Adding a father’s name to a birth certificate after the fact normally requires either a voluntary acknowledgment or a court order establishing parentage. Once you have a court order, the Maine Vital Records office provides instructions for amending birth records to reflect the court’s finding. See Maine Vital Records for process details: https://www.maine.gov/dhhs/mecdc/vital-records/.

Timing and deadlines

Maine law may impose deadlines or procedural rules for raising claims in probate and for paternity actions. Estates that are already closed or a contested paternity many require quick action. Because timing rules can be technical and missing a deadline can block a claim, consult a probate or family-law attorney right away.

How an attorney can help

• Identify the correct court and forms for a parentage or probate claim in your county.
• Arrange court-ordered DNA testing, including kinship testing if the putative father is deceased.
• File pleadings, appear in court, and protect your rights in the probate proceeding.
• Help reopen a closed estate if required and justified by new proof of heirship.

Where to find more information and local forms

Maine statutes and court rules are available at the Maine Legislature website: https://legislature.maine.gov/statutes/. For birth-certificate and vital-records procedures: Maine DHHS – Vital Records. For court procedures and self-help resources (family law and paternity), check the Maine Judicial Branch self-help pages: https://www.courts.maine.gov/selfhelp/.

Final note: proving parentage for inheritance usually requires paperwork, evidence, and often court involvement. Gather records and consult an attorney experienced with Maine family and probate law as soon as you can.

Helpful Hints

• Start collecting documents now — old letters, tax returns, and photos matter.
• If possible, get DNA testing through a court or an accredited lab with a documented chain of custody so results will be admissible in court.
• Search for any signed Acknowledgment of Paternity, child-support orders, or other documents created when you were a child.
• Contact Maine Vital Records early to learn the process for adding a name to a birth certificate after a court order: https://www.maine.gov/dhhs/mecdc/vital-records/.
• If the decedent left a will or insurance beneficiaries that exclude you, a court parentage order is still the starting point to assert any claim that you are an heir under Maine law.
• Act quickly if a probate is already open in the county where your father died; deadlines in probate proceedings can be short.
• Free or low-cost legal help may be available through Maine legal aid programs; check local resources or court self-help centers.

Disclaimer: I am not a lawyer. This article explains general Maine legal concepts and practical steps and is for informational purposes only. It does not constitute legal advice. For advice about your situation and deadlines that may affect your rights, contact a licensed Maine attorney promptly.