The Short Answer

In Florida, being left off a birth certificate does not automatically prevent you from inheriting from your father. If your father died without a will (or if heirship matters for a trust or unclear will), you generally must establish paternity in a way Florida probate law recognizes—most commonly through a court adjudication, a qualifying written acknowledgment by your father, or certain marriage-ceremony circumstances.

What Florida Law Says

Florida’s Probate Code has a specific rule for when a person born out of wedlock is treated as the father’s descendant for intestate succession (inheritance when there is no valid will). The law recognizes paternity for inheritance if (among other paths) paternity is established by an adjudication (even after the father’s death) or if the father acknowledged paternity in writing.

The Statute

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

This statute establishes that a person born out of wedlock may inherit from the father if, for example, paternity is established by adjudication before or after the father’s death or paternity is acknowledged in writing by the father (and it also recognizes certain marriage-ceremony situations). It also states that Chapter 95 (statutes of limitation) does not apply when determining heirs in a probate proceeding under the adjudication pathway.

In probate, the court can also be asked to decide who the beneficiaries/heirs are when there is doubt or dispute. See Fla. Stat. § 733.105.

And when paternity is litigated, Florida law allows the court to order scientific testing (DNA) in a paternity proceeding, and sets evidentiary rules for admitting results. See Fla. Stat. § 742.12.

Why You Should Speak with an Attorney

While the statutes provide the general rule, proving heirship when paternity is disputed can become a high-stakes probate fight—especially if other heirs object, the estate is being administered quickly, or key evidence is hard to obtain after death. Legal outcomes often depend on:

• Strict deadlines and timing pressure: Even if Fla. Stat. § 732.108 says Chapter 95 doesn’t apply for certain probate heir determinations, probate administration still moves fast, and delays can affect distributions, creditor issues, and leverage in disputes.
• Burden of proof and admissible evidence: The court will look for reliable proof (not just family stories). DNA evidence, written acknowledgments, and corroborating records must be presented in a way the probate court can accept.
• Exceptions and competing presumptions: Facts like whether your mother was married to someone else at the time of your birth, whether there was any prior paternity case, or whether there is a written acknowledgment can dramatically change the analysis under Fla. Stat. § 732.108.

Trying to handle this alone can lead to avoidable disputes, missed opportunities to secure evidence, or a court ruling that you are not an heir—cutting you out of the estate.

If you want more background on probate heir issues, you may find these helpful: inheritance rights to family property in Florida and correcting wrong heirs listed in Florida probate paperwork.

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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.