How to Prove You Are Your Father’s Child for Inheritance in Connecticut

Disclaimer: This is general information and not legal advice. I am not a lawyer. If you need legal advice about your specific situation, consult a Connecticut attorney who handles probate, family law, or estate matters.

Detailed answer: what Connecticut law generally requires

When a person dies without a valid will (intestate) or when the will’s distribution is disputed, Connecticut law treats a decedent’s children as primary heirs. To inherit as a child, you must show you are the decedent’s child (a legal descendant). A birth certificate that omits the father’s name does not automatically prevent you from inheriting. Connecticut law allows parentage to be established by multiple kinds of evidence, and probate and family courts can recognize parent-child relationships even when the father’s name is not on the birth certificate.

Key legal sources to consult

• Connecticut General Assembly statutes on family law and probate (searchable statutes): https://www.cga.ct.gov/current/
• Connecticut Judicial Branch — Probate Courts (where estates are opened and heirship is resolved): https://www.jud.ct.gov/probate/
• Connecticut Department of Public Health — Vital Records (for birth certificate and paternity acknowledgment processes): https://portal.ct.gov/DPH/Vital-Records

How courts commonly establish parentage in Connecticut

Courts look for reliable proof of a biological or legal parent-child relationship. The standard methods include:

• Voluntary Acknowledgment of Paternity (VAP): If your father previously signed a legal acknowledgment of paternity (often filed with the birth record or vital records), that creates a strong legal basis. Check with the CT Department of Public Health for records.
• Genetic (DNA) testing: DNA tests are the most persuasive scientific proof. Courts accept appropriately collected and documented DNA test results. For probate or court proceedings, the court may require chain-of-custody testing through an accredited lab.
• Prior court orders: If a family or paternity court previously issued an order recognizing paternity, that order is conclusive evidence.
• Administrative records and affidavits: Social Security records, medical records showing paternity, tax returns listing you as a dependent, school or medical records, and sworn affidavits from people with direct knowledge (e.g., the mother, relatives, or family friends) can support your claim. Courts weigh these items along with other evidence.
• Conduct consistent with parent-child relationship: Evidence that the decedent held you out as a child (introduced you as his child, provided financial support, listed you as his child on documents) can help establish legal parentage, especially when combined with other proof.

Typical routes to establish your right to inherit

Depending on circumstances, you or your lawyer may take one of the following actions:

• If an estate is being administered in probate: File a petition in the probate court handling the decedent’s estate asking the court to determine heirs or to qualify your claim as a beneficiary. Submit DNA evidence, an affidavit of paternity, or other proof. The probate judge can decide whether you are an heir entitled to a share.
• If no probate is open yet: Ask the appropriate probate court to open an estate and list you as an interested person; or, if the estate is small and qualifies for an abbreviated administration, follow that process while presenting paternity evidence.
• If state of paternity is disputed or complex: File a paternity action in Connecticut Superior Court (Family Division) to establish parentage before or during probate proceedings. A judgment establishing paternity becomes a court record you can use in probate.

Practical evidence to gather

Collect as much of the following as you can. The stronger and more official the records, the better your chances:

• Original or certified birth certificate (even if father not listed)
• Any signed Acknowledgment of Paternity filed with Vital Records
• DNA test results and lab documentation (chain of custody)
• Medical or hospital records naming the father
• Affidavits from the mother, father (if available), relatives, or others who can testify that the decedent acknowledged you as his child
• Tax records, Social Security records, life insurance beneficiary forms, or employment records showing a parental relationship
• Past court orders or family court files recognizing paternity

What happens in court or probate

Expect these steps when proving parentage for inheritance:

1. File a petition with the probate court (or a separate paternity petition in family court).
2. Serve interested parties such as other heirs or potential beneficiaries.
3. Present evidence including DNA tests, affidavits, records, and witness testimony.
4. Court evaluation — the judge weighs the evidence and issues a ruling on heirship or parentage.
5. Order of distribution — if the court finds you are a child of the decedent, the probate court will include you among heirs and distribute intestate assets according to Connecticut probate law.

Time limits and contested claims

Different claims have different time limits. For example, some paternity or estate claims may be impacted by statutes of limitations, and probate administration typically has deadlines for filing claims against the estate. If others dispute your claim, expect contested hearings. Acting quickly to obtain records and to file the necessary petitions improves your position.

When to hire an attorney

Consider hiring a Connecticut attorney if:

• Other heirs actively dispute your claim.
• There are complex issues such as adoptions, previous marriages, or out-of-state records.
• The estate has significant assets or creditor claims.
• You need help getting court-ordered DNA testing or navigating probate procedures.

A lawyer can file the right petitions, obtain subpoenas for records (medical, employment, tax), arrange court-accepted DNA testing, and represent you at hearings.

Helpful Hints

• Start by contacting the probate court where the decedent lived. The Connecticut Judicial Branch probate site lists local probate courts: https://www.jud.ct.gov/probate/.
• Request a certified copy of the decedent’s death certificate and the decedent’s probate file (if one exists).
• Order your own certified birth record from Connecticut Vital Records and ask whether any paternity acknowledgments exist: https://portal.ct.gov/DPH/Vital-Records.
• If possible, arrange a legal DNA test through a court-approved lab to establish biological parentage with documented chain of custody.
• Collect any communications (letters, emails, social media posts) showing the decedent called you his child or treated you as a child.
• Keep careful records of who you hired (attorneys, labs), what you filed, and dates. Timely filings matter in probate.
• If money is tight, ask the probate court about fee waivers or limited-scope representation options. Some attorneys offer limited help for specific tasks.
• Even if the birth certificate lacks the father’s name, do not assume you cannot inherit. Courts consider many forms of evidence.

Next steps

1) Gather records (birth certificate, any available acknowledgments, medical records, photos, correspondence). 2) Contact the local Connecticut probate court to learn the filing process. 3) Consider getting a court-acceptable DNA test if biological parentage is the main issue. 4) Consult a Connecticut probate or family law attorney to evaluate your specific facts and represent you if necessary.

For statute research, use the Connecticut General Assembly site to find the exact statutory provisions on probate and parentage: https://www.cga.ct.gov/current/.