Short answer
If your father’s name is not on your birth certificate, you can still inherit from him in New Hampshire by proving parentage. Common ways to prove parentage include a signed acknowledgment of paternity, a court order declaring parentage, or reliable genetic testing. You will usually present that proof to the probate court handling the estate. Below is a step‑by‑step explanation of how this commonly works in New Hampshire and practical tips to make a claim.
Detailed Answer — how to prove you are your father’s child for inheritance in New Hampshire
1. Why establishing parentage matters for inheritance
When someone dies without a valid will (intestate) or when a will does not resolve every distribution, New Hampshire law distributes the decedent’s property to heirs under the state’s intestacy rules. The probate court will only treat you as an heir if you can show you are a child of the decedent. If the father’s name is absent from your birth certificate, the court will require other proof of the parent–child relationship before recognizing you as an heir.
2. Common legal paths to establish parentage
- Voluntary acknowledgement of paternity: If your father signed an official affidavit or acknowledgement of paternity during his lifetime, that document can often establish parentage. State vital records offices keep such acknowledgments when properly executed.
- Court order of parentage: A family or probate court can issue an order declaring that a person is the legal parent. A court order is strong evidence and is commonly used to resolve disputes after death.
- Genetic (DNA) testing: DNA testing that links you to the father (or to close relatives of the father) is persuasive evidence of biological parentage. Courts generally prefer tests conducted with proper chain of custody through an accredited lab and may order testing if necessary.
- Other evidence: In some cases, evidence such as the parties’ marriage, the father’s consistent recognition of you (letters, public statements), financial support, or placement on records can help prove parentage when combined with other evidence.
3. Practical steps to take if you need to establish parentage after the father has died
- Gather documents: birth record, any adoption or custody documents, correspondence showing the relationship, school or medical records naming the father, social media posts or photographs, proof of financial support, and any signed affidavits or acknowledgments.
- Check vital records options: The New Hampshire Division of Vital Records (NH DHHS) handles birth records. They explain how to request corrections or how an acknowledgment of paternity is recorded. See NH DHHS Vital Records: https://www.dhhs.nh.gov/programs-services/vital-records
- File a claim with probate court: If the estate is open, file a timely claim with the county probate court or respond to the estate proceedings to assert your right as an heir. The New Hampshire Judiciary’s probate information page explains how probate is handled in the state: https://www.courts.state.nh.us/circuit/probate/index.htm
- Ask for genetic testing if needed: If biological proof is required, petition the court for DNA testing of biological material. If the decedent’s remains are unavailable, courts may permit DNA testing of close relatives (siblings, mother, grandparents) or request testing of preserved medical specimens. The court will consider chain of custody and lab accreditation when evaluating results.
- Pursue a paternity or parentage order: If voluntary acknowledgment and DNA are not available or sufficient, you can ask the appropriate court to enter a judgment establishing parentage. That judgment becomes the legal proof the probate court will accept.
- Act quickly and monitor deadlines: Probate matters have deadlines for filing claims or contesting the distribution of assets. Contact the probate court or an attorney promptly to avoid missing critical time limits.
4. Special situations and practical considerations
- Deceased father’s DNA: If the father is deceased, DNA may still be obtainable from stored medical samples, a funeral home, a tissue bank, or an autopsy sample, but you typically need a court order to exhume or obtain those samples. The court will weigh privacy and legal standards before granting access.
- Testing close relatives: If direct samples from the father are unavailable, DNA comparisons to the father’s known biological relatives (siblings, parents, or other children) can provide strong evidence of a biological relationship.
- Adoption or legitimation issues: If you were adopted or the father later formally adopted you, the probate implications can differ. Similarly, if the father and mother married after your birth and legitimized you, that can affect rights. Collect any official documents relating to adoption or legitimation.
- Disputes among heirs: When the estate has multiple claimants, probate proceedings can become contested. The probate court resolves who is a proper heir based on the evidence presented.
5. Where to file and who can help
Open or pending estate administration is handled by the county-level probate division of the New Hampshire Circuit Court. Contact the probate court in the county where the decedent lived. For general probate procedures and contact information, see: https://www.courts.state.nh.us/circuit/probate/index.htm
For questions about birth record corrections, acknowledgments of paternity, and how those records are kept, consult the New Hampshire Division of Vital Records: https://www.dhhs.nh.gov/programs-services/vital-records
If you need the exact text of New Hampshire statutes about probate, intestate succession, or parentage, the New Hampshire General Court’s RSA website provides the state laws: https://www.gencourt.state.nh.us/rsa/html/
6. Example scenario (hypothetical)
Hypothetical facts: You were born in New Hampshire in 1988. Your birth certificate lists only your mother. Your father died in 2024 without a will. You have letters from him referring to you as his child and photos showing him with you as a baby. The estate administrator is distributing assets to heirs and denies your claim because your name is not on the birth certificate.
What you would do: gather the letters and photos, request a certified copy of your birth certificate from NH DHHS, file a claim in the probate case to assert heir status, and ask the probate court to admit the letters and photos as evidence. If the administrator or other heirs dispute the claim, you could ask the court to order DNA testing of a known relative of the decedent (for example, a sibling of the decedent) to confirm genetic relation. If you have an old signed affidavit of paternity from the father, present it to the court as primary proof.
7. Likely outcomes
If you present reliable proof (signed acknowledgment, court order, or credible genetic evidence), the probate court will generally recognize you as an heir and treat you the same as a child named on the birth certificate for purposes of intestate distribution. If you cannot produce convincing evidence, the court may deny your claim.
Disclaimer
This article explains general steps under New Hampshire practice but is not legal advice. It does not create an attorney–client relationship. For advice tailored to your situation, contact a licensed New Hampshire attorney or the probate court promptly.
Helpful Hints
- Collect every document that ties you to the decedent: photos, letters, school or medical records, guardianship or support records.
- Get certified copies of the decedent’s death certificate and your birth certificate early.
- Contact the county probate court where the decedent lived to learn the estate’s case number and filing deadlines: https://www.courts.state.nh.us/circuit/probate/index.htm
- If DNA is needed, ask the court for direction on acceptable labs and chain‑of‑custody procedures so the results will be admissible.
- Check the New Hampshire Division of Vital Records about changing or amending birth records or recording an acknowledgment of paternity: https://www.dhhs.nh.gov/programs-services/vital-records
- When the father’s DNA sample is needed but not available, ask about testing closer relatives (siblings, parents) to build a genetic link.
- Consider talking with a probate or family law attorney experienced with paternity and estate matters — they can file the right petitions, request testing, and represent you in court.
- Act quickly — probate proceedings have timetable requirements and delays can weaken evidence or your ability to assert rights.