How to establish a parent–child relationship for inheritance under Nebraska law

Short answer: If a father’s name does not appear on a birth record, you can still establish that he is your parent for purposes of inheritance. Common routes in Nebraska are (1) an administrative acknowledgement or amendment of the birth record, (2) a court paternity action that asks for genetic testing and a judicial declaration of parentage, or (3) a probate petition to have a court determine heirs after the father’s death. Each path uses evidence such as DNA, witness affidavits, medical/hospital records, and family documents.

Detailed answer — steps and legal framework

Below is a practical roadmap, written for someone with no legal background, describing how Nebraska law handles proving parentage when a name is missing from a birth certificate and how that proof is used to claim an inheritance.

1) Identify the legal setting: will vs. intestacy vs. probate dispute

If the decedent left a valid will that names you, the executor must follow the will but may still require proof that you are an eligible beneficiary. If there is no will (intestate), Nebraska’s probate law determines heirs by blood and legal parentage. Either way, you must show a legal parent–child relationship to inherit.

See Nebraska probate laws (intestate succession and estate administration): Neb. Rev. Stat. Chapter 30 (Probate).

2) Administrative route: acknowledgement of paternity or birth record amendment

If the father is alive and willing to acknowledge paternity, Nebraska allows an administrative acknowledgement or an amendment to the birth record through the state’s vital records process. This can be a fast, low-cost path to adding the father’s name to the birth certificate and proving the legal relationship.

Contact Nebraska DHHS Vital Records to learn how to amend a birth record or file an acknowledgement: Nebraska DHHS — Vital Records.

3) Court action to establish paternity (judicial declaration)

If the father will not sign an acknowledgment, or he is deceased or unavailable, you (or the estate/executor) can ask a court to establish parentage. Under Nebraska law, a juvenile or district/county court may hear a parentage action and order genetic (DNA) testing. If the testing and evidence show parentage, the court will enter an order declaring you the child of the decedent. That order is strong proof for probate and inheritance claims.

See Nebraska parentage-related statutes and procedure: Neb. Rev. Stat. Chapter 43 (Parentage and related statutes). Courts use this framework when deciding paternity and parentage questions relevant to inheritance and support.

4) Evidence the court or probate judge accepts

Common types of evidence used to prove parentage include:

• DNA test results (the most persuasive evidence).
• Signed Acknowledgement of Paternity forms or amended birth certificate.
• Medical or hospital records from the time of birth showing the father’s involvement.
• School, baptismal, or family records showing the child was held out as the father’s child.
• Affidavits from witnesses (relatives, midwives, doctors) about the father–child relationship.
• Evidence of financial support, insurance, or name usage indicating a parental relationship.

5) When the alleged father is deceased

You can still establish parentage after the father’s death. Options include:

• Filing a petition in probate court or county court to adjudicate heirs and asking the court to accept DNA from the decedent’s preserved tissue, medical samples, or from close relatives (siblings, parents) for kinship testing.
• Providing historical documentary evidence and witness affidavits showing the decedent treated you as a child.

Probate courts have authority to resolve heirship disputes and can weigh DNA and other evidence when determining inheritance rights.

6) Timing and practical considerations

Act promptly. If you wait, statutes of limitation or deadlines in probate proceedings can make some remedies harder. Even if you missed an early deadline, courts sometimes allow late petitions when evidence supports the claim, but faster action improves your chances.

7) Typical procedure in a probate or paternity case

1. Gather existing records (birth record, hospital records, school records, photos, correspondence).
2. Ask family members for affidavits about the relationship.
3. If possible, request voluntary DNA testing of living relatives or the alleged father (if samples exist).
4. If voluntary testing isn’t available, file a paternity or heirship petition in the appropriate Nebraska court asking for a court-ordered test or judicial declaration.
5. Use the court order or amended vital record as proof to the probate court, the executor, or the agency handling the estate.

Where to start locally

• Contact the county court where the decedent lived or where the estate is being probated and ask about filing a petition to determine heirs or to establish parentage.
• Reach out to Nebraska DHHS Vital Records for instructions on birth record amendments or the acknowledgment process: DHHS — Vital Records.
• Look at Nebraska statutes for parentage and probate to understand statutory rules: Chapter 43 (parentage) and Chapter 30 (probate).

Helpful hints

• Collect and copy everything you have: hospital records, medical bills, letters, photos, school records, insurance documents that list the father or show dependence.
• Ask relatives for sworn affidavits about family history and who raised you.
• If the father’s remains exist or he had saved medical samples, tell the court; those samples can sometimes be used for DNA testing.
• DNA testing through a court or a court-approved lab is usually required for probate evidence. Voluntary home kits are useful but may not be accepted by every court without proper chain-of-custody procedures.
• If cost is a concern, ask the court about fee waivers or contact local legal aid organizations for help with filings and paperwork.
• Keep in mind that different courts (county, district, probate) can have differing local practice; check with the clerk about forms and fees before filing.
• When someone signed an Acknowledgement of Paternity, that document is powerful. If one exists, request a certified copy from vital records.

Useful Nebraska links

• Nebraska Revised Statutes — Chapter 43 (Parentage and related statutes)
• Nebraska Revised Statutes — Chapter 30 (Probate)
• Nebraska DHHS — Vital Records (birth certificate amendments and procedures)

Final notes and disclaimer

This article explains common steps people take in Nebraska when a parent’s name is missing from a birth record and an inheritance is at stake. It is general information only and not legal advice. Every case is different. For a definitive explanation of rights, deadlines, and the best path in your situation, consider consulting a Nebraska-licensed attorney or contacting the county court for filing guidance.