The Short Answer

Even though your question mentions North Carolina, the rules change by state—and under Florida law, children born out of wedlock can inherit in intestate estates, but the key issue is usually whether legal paternity is established (especially for inheritance through the father’s side). If paternity is not established in a way Florida probate law recognizes, an otherwise eligible child can be excluded from inheriting.

What Florida Law Says

Florida does not use the old “illegitimate child” concept as a blanket bar to inheritance. Instead, Florida focuses on whether the person qualifies as the decedent’s “descendant” for intestate succession purposes, which often turns on recognized proof of parent-child status—particularly when inheritance is claimed through the father.

The Statute

The primary law governing this issue is Fla. Stat. § 732.108.

This statute establishes that a person born out of wedlock is a descendant of their mother for intestate succession, and is also treated as a descendant of their father if certain conditions are met—such as the parents participating in a marriage ceremony (even if void), paternity being established by adjudication (before or after death), or paternity being acknowledged in writing by the father.

If you want a deeper dive on how this plays out in real probate disputes, see: proving you’re your father’s child for inheritance in Florida and whether half-siblings can inherit in Florida intestacy.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate cases move quickly, and waiting too long to assert heirship or challenge an administration can limit options—especially if assets are being distributed.
• Burden of Proof: When inheritance is claimed through the father, the dispute often becomes a paternity/evidence case (documents, prior court orders, acknowledgments, and sometimes genetic evidence issues).
• Exceptions and Conflicts: Prior marriages, competing heirs, adoption/termination-of-rights issues, and conflicting paperwork can change who qualifies as an heir under Florida’s intestacy rules.

Trying to handle this alone can lead to procedural mistakes, missed opportunities to prove heirship, or an outcome where the estate is distributed before your rights are fully evaluated.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.