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Detailed answer — how Washington law treats parentage and inheritance

Two Washington law areas matter here: the state parentage statutes (which explain how paternity can be established) and the probate/intestacy rules (which say who inherits when someone dies without a will).

Key statutory chapters to review:

• RCW Chapter 26.26 — Washington Uniform Parentage Act (procedures for establishing parentage, including genetic testing and court orders).
• RCW Chapter 11.04 — Intestate succession (who inherits when a person dies without a will).

In practical terms, Washington law allows parentage to be proved by multiple methods. If you can establish parentage under RCW 26.26 (by valid acknowledgement, a court order, or genetic testing accepted by the court), you are an heir for probate purposes under the intestacy statutes (RCW 11.04) unless the will or other lawful determination says otherwise.

Common ways to prove parentage when the father is not on the birth certificate

1. Genetic (DNA) testing.

   If the putative father is alive, a court-ordered or voluntarily agreed AABB-accredited DNA test is strong evidence of parentage. If the putative father is deceased, DNA comparison to close biological relatives (father’s children, siblings, parents) is commonly used. In rare cases the court may allow testing of remains or stored tissue, but that typically requires a court order and specific legal steps.

2. Court declaration of parentage.

   You can ask a Washington superior court to issue a declaration of parentage under the Uniform Parentage Act. A judge will consider DNA results and other admissible evidence, and can enter an order that establishes you as the father’s child for all legal purposes, including inheritance.

3. Other supporting evidence.

   If DNA is unavailable, the court can look at other evidence: hospital or birth records, medical records, affidavits from people with direct knowledge, school records, insurance or military records naming the child as dependent, letters or communications, proof of financial support, and family testimony. The court weighs all admissible evidence when making a determination.

4. Acknowledgement of paternity.

   When a father signed a valid legal acknowledgement of paternity (often filed at birth), that form can establish parentage. If there is no signed acknowledgement, the court path or DNA testing is the usual next step.

How the probate process usually handles a disputed or unproven child claim

If the decedent’s estate goes through probate, the personal representative or any interested party can ask the probate court to determine heirs. You may:

• Provide documentary evidence and sworn testimony.
• Request the court to order genetic testing of available relatives or of remains (if legally permissible).
• File a separate petition in superior court to establish parentage under the Parentage Act; once a parentage order exists, present it to the probate court as proof of heirship.

Because the probate judge controls procedure and evidence, getting a court order that declares parentage is often the clearest route to securing inheritance rights.

Practical steps to take

1. Gather documentation: birth certificate, hospital/birth records, medical charts, school or immunization records, family correspondence, photos, financial support records, insurance or military records that show a parent-child relationship, and any affidavits from relatives or witnesses.
2. Try to obtain DNA testing: if the father is alive, request a court-approved test; if he is deceased, identify his close relatives (siblings, children, parents) for comparative testing. Use an accredited lab (AABB) so results are admissible in court.
3. Contact the estate’s personal representative (if probate has begun) and tell them you claim to be an heir. Provide your evidence and request the administrator to consider your claim and to cooperate with testing or court processes.
4. If there is resistance or if probate has not started, file a petition in superior court asking for a declaration of parentage or for determination of heirship in the probate court. Ask the court to order genetic testing if needed.
5. Consider consulting a Washington probate or family law attorney early. If you cannot afford one, look for free or low-cost legal help through local legal aid organizations or the Washington State Bar Association’s referral resources.

Timing and potential deadlines

Statutes of limitation, probate timelines, and deadlines for filing objections can vary depending on the case facts (e.g., whether the estate has opened probate, whether the decedent left a will, and when you learned about the inheritance issue). Act promptly. If the probate court closes or distributions occur before parentage is established, undoing distributions can be complicated.

Legal references: review RCW Chapter 26.26 for parentage procedures and RCW Chapter 11.04 for intestate succession. See: RCW 26.26 and RCW 11.04.

Helpful Hints

• Keep copies of everything. Create a timeline of dates and important events.
• Use an AABB-accredited lab for DNA evidence to avoid admissibility fights in court.
• If the father is deceased, DNA from close relatives is often sufficient. Courts sometimes permit testing of stored tissue or remains, but that usually requires court permission.
• Get sworn affidavits from family members who can describe the parent-child relationship and any support or recognition from the father.
• Contact the estate representative in writing and keep records of communications.
• Act quickly to avoid missing probate deadlines. Even if you believe you have time, early action simplifies the process and protects your rights.
• Search for free or low-cost legal help through the Washington State Bar Association, local legal aid organizations, or court self-help centers if you cannot afford a private attorney.