Detailed answer — steps to establish parentage and protect inheritance rights

If your father’s name does not appear on your birth certificate, you can still prove you are his child for purposes of inheritance. In Michigan, establishing that a decedent is your parent can be done in several ways: a voluntary acknowledgment, court determination of paternity, DNA testing ordered by a court, or by presenting other legal and documentary evidence showing parentage. Below are practical steps and legal concepts to help you understand what to do.

1. Determine whether parentage was already established

First, confirm whether there is any existing legal recognition of parentage. A father can be legally recognized in multiple ways even if his name is not on the birth certificate:

• Voluntary Acknowledgment of Paternity (signed near the time of birth).
• A previous court order recognizing paternity.
• A marriage to the mother at the time of the child’s birth that may create a presumption of paternity.

If any of these exist, collect certified copies of the documents (acknowledgments, court orders, marriage records).

2. If parentage has not been established: file a petition to establish parentage

When there is no voluntary acknowledgment or prior court order, you (or an interested party) can ask a Michigan probate or family court to formally determine parentage. The court can order genetic (DNA) testing and will issue an order declaring the person to be the legal parent if the evidence supports it.

Typical steps:

1. File a petition in the proper Michigan court (often probate court where the estate is open or family court for paternity matters).
2. Request the court order genetic testing of the alleged father (or of the deceased father’s remains or stored tissue, if available).
3. If the alleged father is deceased, the court can order testing of the father’s stored genetic material, or testing of close relatives (siblings, parents) to establish a genetic relationship.
4. If the court finds parentage established, it will issue an order that you are the decedent’s child, which establishes your inheritance rights.

3. DNA testing and evidence when the alleged father is deceased

DNA is the most direct scientific evidence. If the father died and no sample was preserved, courts can order comparative testing using biological relatives (e.g., the father’s other children, siblings, or parents). Courts accept statistical genetic evidence from qualified labs and expert testimony to show likelihood of parentage.

4. Other supporting evidence

If DNA is impossible, courts will consider other evidence of parentage, such as:

• Writings and letters showing a parental relationship.
• Medical records showing paternity acknowledgments or family medical history.
• School, religious, or medical records listing the person as parent or emergency contact.
• Testimony from people who knew the family and can attest to a parent–child relationship.
• Tax returns, insurance records, or Social Security records listing the child or parent relationship.

5. How a court determination affects inheritance

Once a Michigan court issues an order establishing that you are the decedent’s child, that order creates the legal relationship needed to inherit as a child under Michigan probate law. If the decedent died intestate (without a valid will), heirs are determined under Michigan’s estates law. If a will exists but omits you, a successful court determination of paternity may allow you to challenge distributions or be recognized as an omitted child under certain circumstances.

For Michigan statutes on probate and intestate succession, see the Michigan Legislature’s site: https://www.legislature.mi.gov. For family-court and probate procedures you may also consult the Michigan Courts website: https://courts.michigan.gov.

6. Timing and statutes of limitation

Time limits may apply depending on the situation (for example, contests of wills, probate deadlines, or specific time windows for paternity actions). If an estate matter is already open, act promptly to file any petitions or claims with the probate court. If you are outside certain limitation periods, you may still be able to petition the court explaining the reasons and asking for relief — but courts will weigh delays and prejudice to the estate.

7. Practical next steps

1. Gather all possible documents: birth records, any signed acknowledgments, correspondence, photos, medical and school records, tax returns, or any documents showing the relationship.
2. If the alleged father left medical samples or if there are surviving close relatives, identify them as potential sources for DNA comparison.
3. Contact the probate court where the estate is or will be opened to learn local filing steps for a petition to determine heirs or establish paternity in the estate case.
4. Consider hiring a probate attorney or a family-law attorney experienced in parentage and estate matters to file the petition, obtain DNA testing, and represent you in court.

Helpful hints

• Start by checking whether a probate case has been opened for your father. If so, file a petition promptly in that probate case to be recognized as an heir.
• If you can obtain a signed Voluntary Acknowledgment of Paternity (VAP) from the mother or any existing legal document showing paternity, that can simplify things.
• Preserve all evidence: photographs, correspondence, receipts, family Bibles, school or medical records that reference family relationships.
• If DNA testing is needed, ask the court to order testing through an accredited lab so results will be admissible in court.
• Be prepared for potential challenges from other heirs — court-ordered DNA and clear documentary evidence make challenges harder to sustain.
• Contact the probate court clerk for local forms and procedural guidance; clerks cannot give legal advice but can explain filing procedures.
• If the alleged father died a long time ago, look for secondary sources: obituaries, funeral records, cemetery records, or wills that reference family relationships.