Proving You Are Your Father’s Child for Inheritance in Texas

Short answer: In Texas you can prove a parent–child relationship for inheritance by establishing paternity either voluntarily (an acknowledgment) or through a court proceeding that may include DNA testing and other evidence. If your father is deceased, you may bring an action in court (or in a probate matter) to have paternity legally determined so you can inherit under Texas intestacy law.

Detailed answer

1. The legal framework

Two areas of Texas law are most important here:

• Paternity law (Texas Family Code, Chapter 160) — governs how a biological father can be legally declared to be a child’s father, either by voluntary acknowledgment or by court adjudication. See: Tex. Fam. Code Ch. 160 (Paternity).
• Probate and intestate succession (Texas Estates Code) — governs who inherits when someone dies without a valid will and how heirs are determined in probate. See: Tex. Estates Code Ch. 201 (Heirs and Kindred) and probate procedures in the Estates Code.

2. Common ways to prove paternity for inheritance

Which path you take depends on whether the father is alive, willing to cooperate, or deceased:

a. If the father is alive and willing

• Voluntary Acknowledgment of Paternity (VAP): Both parents can sign an official acknowledgment that the man is the father. In Texas a signed VAP is strong proof of parentage and can be filed with state vital records. (Family Code Chapter 160 explains voluntary acknowledgments and their legal effect.)
• If there is any disagreement later, the law provides procedures for rescinding or challenging an acknowledgment within certain time frames, so get legal advice if there is a dispute.

b. If the father is alive but not willing

• You can file a paternity suit in family court (a suit to adjudicate paternity). The court can order genetic testing (DNA) of the child and the alleged father. Courts often accept DNA test results as dispositive when they come from accredited labs with proper chain-of-custody documentation.

c. If the father is deceased

• File an action to establish paternity or ask the probate court to determine heirship. Many people file a suit in district court or ask the probate court handling the estate to determine heirs.
• DNA testing can still be used. The court may order genetic testing of tissue samples if the father’s remains or stored medical samples exist. If direct samples are unavailable, the court may permit testing of the father’s close relatives (siblings, other children, parents) and use genetic and statistical analysis to infer paternity.
• When DNA testing is impossible or inconclusive, courts consider non-DNA evidence (affidavits, correspondence, baptismal/school records, evidence of support or acknowledgment, cohabitation, or reputation in the community) to determine whether you are an heir. The probate court may hold a hearing to weigh that evidence.

3. How inheritance works once paternity is established

Once a court legally recognizes paternity, you generally become an heir for purposes of intestate succession (if the decedent left no valid will) and for beneficiary/retirement accounts and other assets that require named heirs. Texas’s intestacy rules (see Estates Code) determine your share. See: Tex. Estates Code Ch. 201.

4. Practical steps to take now

1. Gather documents that support your relationship: original birth certificate, school records, photos, letters, family correspondence, documents showing support/payments, Social Security records, medical records, or any document where someone identified the relationship.
2. Request a copy of the decedent’s will (if any) and file papers with the probate court if an estate is open. If there is no will, the probate clerk can explain how to request a formal heirship determination.
3. If the alleged father is alive, ask him to sign an acknowledgment or consent to court-ordered DNA testing. If he refuses, be prepared to file a paternity suit.
4. If he is deceased, ask whether biological samples exist (medical lab, pathology, or tissue bank). If not, be prepared to identify close relatives for comparative DNA testing.
5. Work quickly. Probate procedures, deadlines for filing claims, and statutes of limitation can limit your options. Contact the probate court clerk or a lawyer as soon as possible.

5. What a Texas court will require

Courts generally want clear, admissible evidence. The strongest evidence is accredited DNA testing with proper chain-of-custody. If DNA is unavailable, courts consider documentary and testimonial evidence showing the decedent held you out as their child or acted as parent. The legal standard and the form of proceedings (family court vs. probate) can vary by situation.

Helpful Hints

• Start by collecting everything that ties you to the father: photos with dates/locations, letters, affidavits from relatives or neighbors, school and medical records, military or employment records that list next-of-kin.
• If the father is living, a voluntary acknowledgment is often the quickest solution—ask a hospital birth records office or the Vital Statistics office how to file one.
• Use accredited labs for DNA testing and keep chain-of-custody documents. Courts are strict about testing procedures.
• When the alleged father is deceased, the court may allow DNA from relatives. Periodic DNA matches (siblings, half-siblings, mother) can be persuasive with expert testimony.
• Contact the probate court clerk in the county where your father died to learn whether an estate or heirship proceeding is already open. Clerks can explain local procedures but not give legal advice.
• Act quickly. Probate deadlines and statutes of limitation may bar claims after a certain time.
• If money for DNA testing is an issue, ask about fee waivers or look for legal aid organizations that assist with family law and probate matters.
• Hire a probate or family law attorney if the estate is complex, contested, or if you face resistance. An attorney can file the correct petitions and present evidence effectively to the court.

Where to find more information

• Texas Family Code — Paternity: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.160.htm
• Texas Estates Code — Heirs and intestacy: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm

Disclaimer: This article explains general principles of Texas law and is for informational purposes only. It is not legal advice and does not create an attorney–client relationship. For advice tailored to your situation, consult a licensed Texas attorney experienced in family law or probate.