Short answer

If your father’s name does not appear on your birth certificate, you can still prove you are his child for purposes of inheriting under Vermont law. Typical paths are: (1) produce a signed acknowledgment of paternity, (2) obtain a court order establishing parentage (often using DNA testing), or (3) submit other convincing evidence of the parent–child relationship to the probate court handling the estate. Act promptly — probate timelines and estate administration often move quickly.

Detailed answer — steps and legal tools in Vermont

Below are the common, practical ways people establish parentage in Vermont when the father is not listed on the birth certificate. Which route you should take depends on whether the decedent left a will, whether anyone contests your status, and how much evidence already exists.

1. Check the estate type: will vs. intestacy

If the decedent left a valid will that names heirs, the will controls distribution. If the will omits you and you believe you were meant to inherit, you may still be able to contest the will or claim under other legal theories — those are fact-specific and time-sensitive. If there is no will, Vermont’s intestacy rules determine heirs. For the statutory language and order of inheritance, see Vermont statutes (search: intestate): https://legislature.vermont.gov/statutes/search?q=intestate.

2. Presumptions that may already help you

Vermont law, like many states, contains presumptions about parentage. For example, if the parents were married when you were born (or shortly before), the husband is generally presumed to be the father. If a parent formally acknowledged paternity in writing, that can also create a legal presumption. You can review relevant parentage provisions via the Vermont statutes search for “parentage”: https://legislature.vermont.gov/statutes/search?q=parentage.

3. A written acknowledgment of paternity

If the father previously signed a valid, written acknowledgment of paternity (often done at the time of birth registration or later through the Vital Records office), that document is strong evidence and often sufficient for inheritance and benefits. Contact Vermont Vital Records to learn whether one exists and how to obtain a copy: https://www.healthvermont.gov/health-statistics/vital-records.

4. DNA testing and court-ordered genetic tests

DNA testing is the most direct way to confirm biological parentage. If the estate is open in probate, the probate court or the family division of the Vermont Superior Court can be asked to order genetic testing for the decedent (using existing samples, personal effects, or DNA from living relatives) and the claimant. If the estate is not yet under court administration, you can file a petition in family court to obtain a determination of parentage and request DNA testing. Vermont’s court system explains how to file family and probate cases: https://www.vermontjudiciary.org/.

5. Filing a petition to establish heirship or parentage in probate or family court

If the estate is being administered in probate, file a motion or petition with the probate division asking the court to recognize you as an heir. The court can consider documentary evidence, witness testimony, and DNA results. If the probate court lacks jurisdiction for an initial parentage determination, the family (domestic relations) division can decide parentage and then the probate court will use that finding. The Vermont Judiciary site explains court contacts and procedures: https://www.vermontjudiciary.org/.

6. Alternative evidence

If DNA is not available, other evidence can still support your claim: records showing the decedent treated you as a child (school or medical records, wills or estate planning documents referring to you, correspondence, photos, evidence of financial support, witness affidavits). The probate court weighs the totality of the proof.

7. Timing and deadlines

Probate proceedings have timelines for filing claims and objections. If you think you are an heir, act quickly — ask the probate court clerk how to file an heirship petition or contact a probate attorney. Because statutory windows and notice requirements vary with the type of proceeding, it’s important to move early to protect your rights. See Vermont probate court information here: https://www.vermontjudiciary.org/.

8. If someone disputes your claim

If other potential heirs contest your status, the court will resolve the dispute by weighing admissible evidence and, where appropriate, ordering DNA tests. Expect formal pleadings, discovery, and a hearing. Courts favor clear, reliable evidence (DNA, written acknowledgments, consistent records).

9. Practical steps to take now

1. Obtain a certified copy of the decedent’s death certificate and any probate filings.
2. Check Vermont Vital Records for birth records and any paternity acknowledgments: https://www.healthvermont.gov/health-statistics/vital-records.
3. Gather any documents showing your relationship (photos, letters, school/medical records, affidavits from relatives or family friends).
4. Ask the probate clerk what form to file to be recognized as an heir or how to join an open estate administration.
5. If necessary, petition for a court order establishing parentage and request DNA testing.
6. Consider contacting an attorney experienced in Vermont probate or family law for advice on procedure and evidence.

For statutory language on parentage and related procedures, consult Vermont statutes (search results): https://legislature.vermont.gov/statutes/search?q=parentage and for probate and intestate succession provisions, search: https://legislature.vermont.gov/statutes/search?q=intestate.

Helpful hints

• Start gathering evidence now. Physical evidence and contemporaneous records often persuade courts faster than memories years later.
• DNA tests are decisive. If relatives are available, arranging voluntary genetic testing before court involvement can simplify the process.
• Contact the probate clerk early. Court clerks can explain local forms and filing steps for heirship or petitions to establish parentage.
• Look for a signed paternity acknowledgment in Vital Records; it can save time and money.
• If the estate is small, informal probate procedures may let you resolve matters faster — but do not assume informal administration will protect your rights without proper documentation.
• Keep copies of every document and a log of who you contact, dates, and what was said.
• Get legal help if anyone contests your claim or if the estate is complex. Even an initial consult can clarify procedure and deadlines.