Detailed Answer — How Minnesota law handles parentage and inheritance

Under Minnesota law, a person who is legally the decedent’s child may inherit from the decedent’s estate whether or not the father’s name appears on the birth certificate. The key is establishing legal parentage. There are several common legal paths to do this:

1. Voluntary acknowledgment of paternity: If the father signed a valid acknowledgement of paternity (AOP) while alive, that document creates legal parentage in many cases. The Minnesota Parentage Act governs acknowledgments and other parentage procedures. See Minnesota Statutes, Chapter 257: https://www.revisor.mn.gov/statutes/cite/257.
2. Court adjudication of paternity (parentage action): You can ask a court to declare that a man was your legal parent. This is typically done by filing a parentage action under the Parentage Act. The court can order genetic testing (DNA) and evaluate other evidence, then enter a judgment establishing parentage.
3. Probate petition to determine heirs: If an estate is open in probate, you (or the estate personal representative) can petition the probate court to determine heirship. Probate courts can consider DNA and other evidence and make a judicial finding that you are an heir. Minnesota’s probate laws and procedures are in Chapter 524: https://www.revisor.mn.gov/statutes/cite/524.
4. Other legal presumptions: If the mother was married to the man at the time of birth or the child was born within the marriage, Minnesota law may presume the husband is the legal parent. Those presumptions are part of the Parentage Act and family law rules.

The practical path you use depends on the facts: whether the father is alive, whether the estate has been opened, whether a will exists, and whether a formal AOP exists. If the estate is already closed or property has been distributed, there may be time limits and additional procedural hurdles to reopen probate or bring a claim.

Evidence the court accepts

Common types of evidence that help establish parentage include:

• Genetic/DNA test results showing parentage.
• Voluntary acknowledgment of paternity forms.
• Medical records, birth hospital records, and prenatal records.
• Affidavits from relatives, midwives, or persons present at birth.
• Evidence of financial support, correspondence, photographs, or other documentation of a parent-child relationship.

How the process often works in practice

1. If the estate is open, notify the personal representative you intend to claim heirship and request that the estate permit genetic testing or that the court determine heirs.
2. If the estate is not open or the personal representative objects, file a parentage action or a petition in probate court seeking a determination that you are an heir. The court can order DNA testing if necessary.
3. If parentage is proven, the court will enter an order or judgment establishing legal parentage or heirship. That order is what lets the estate treat you as an heir for inheritance distribution.

Deadlines and time limits to be aware of

There are deadlines for probate claims and limits on when you can challenge distributions. If too much time passes after probate closes, it can be harder to reopen the estate or recover distributions. Act promptly after learning of the death or of your potential inheritance rights. The probate statutes in Chapter 524 describe timelines for notice and contests: https://www.revisor.mn.gov/statutes/cite/524.

If the father left a will

If there is a will, being legally declared a child (establishing parentage) may affect whether you are an intestate heir or whether you can challenge the will. If you are not named but should be an heir under Minnesota law, you may have grounds to contest distributions, depending on the circumstances and timing.

Cost, timeline, and practical considerations

DNA testing itself is relatively quick (days to weeks) but requires a court order or agreement if the estate or other parties object. A parentage case or a probate heirship petition can take weeks to months, depending on court schedules and complexity. Legal fees vary. If you expect contested litigation, consider getting legal help early.

When to consult an attorney

Consult an attorney if the estate is contested, if deadlines may have passed, if the personal representative resists testing or petitioning, or if multiple heirs dispute claims. An attorney can file the necessary pleadings in either family court (parentage action) or probate court (heirship determination) and advise on statute of limitations and strategy.

Disclaimer: This information is educational only and is not legal advice. Laws change and every situation is different. For advice about your particular circumstances, consult a licensed attorney in Minnesota.

Helpful Hints

• Gather documents before you file: any medical/birth records, correspondence, photos, old letters, support payment records, and school or medical records showing the father-child relationship.
• Ask the probate court clerk whether an estate has been opened and who the personal representative is. If one is appointed, provide a written notice of your claim.
• Consider an attorney early if the estate is large, contested, or already closed.
• If the alleged father is alive and willing, a voluntary acknowledgment or a signed consent to DNA testing is the fastest path to a determination.
• If parties resist DNA, courts commonly order testing when paternity is central to an inheritance claim.
• Act quickly to preserve rights — probate and estate procedures run on strict schedules. Even informal delays can limit remedies later.
• Use the Minnesota statutes to learn more: Parentage Act — https://www.revisor.mn.gov/statutes/cite/257; Probate and decedent estate provisions — https://www.revisor.mn.gov/statutes/cite/524.