FastCounsel

Detailed Answer — How to establish parentage for inheritance under Missouri law

This explains practical ways to establish that a decedent was your parent when their name does not appear on your birth certificate. Under Missouri law, a person who is a child of the decedent can inherit as an heir once parentage is legally established. Two Missouri statute chapters that commonly apply are the state’s parentage provisions and the probate/intestate succession rules (see Missouri Revised Statutes, Chapters 210 and 474). For the statute text, see: RSMo Chapter 210 (Parentage/Family Actions) and RSMo Chapter 474 (Probate and Intestate Succession).

Key paths to prove parentage for inheritance:

1. Obtain a court order establishing parentage (paternity/parentage action).

   A family or circuit court can enter a judicial determination of parentage. Typically you (the claimant) file a petition asking the court to declare that the decedent was your parent. The court can order genetic testing (DNA). If the DNA shows a parent-child relationship, the court will sign an order declaring parentage. That order is strong evidence for the probate court and will allow you to claim inheritance rights under Missouri’s intestate succession rules.

2. Use posthumous genetic proof if the parent is deceased.

   If the alleged parent already died, courts still allow DNA testing of stored biological material (if available) or testing of closest relatives (siblings, parents of the decedent) to show genetic relationship. The court may permit testing of preserved samples (medical or funeral home samples) or order a court-appointed expert to assess the evidence. A court finding of parentage based on genetic and other evidence can establish heirship.

3. Present documentary and testimonial evidence (when DNA is not possible).

   If genetic testing is impossible, collect other evidence: hospital/birth records, medical records, baptism or church records, school or medical forms listing a parent, wage or insurance records, letters, photographs, sworn affidavits from people who knew the family (neighbors, relatives), and any acknowledgment of paternity signed by the parent. Missouri courts weigh such evidence and may find parentage if it proves the relationship by a preponderance of the evidence.

4. Voluntary acknowledgment or legitimation where applicable.

   If the father once gave an official Acknowledgment of Paternity or later married the child’s mother and the state recognizes legitimation, those acts can create legal parentage. If an acknowledgment already exists, present it to the probate court. If not, a court can still determine parentage through an action as described above.

5. File a petition in probate to be recognized as an heir if probate is open.

   If someone died and a probate has started, file a petition under the probate case to be declared an heir. Attach the parentage evidence and, if necessary, request the probate court to defer resolution until you obtain a separate parentage determination in family court or ask the probate court to require genetic testing or take other steps to resolve heirship before distributing assets.

Typical court process and practical steps:

• Identify where to file: parentage actions and heirship petitions are usually filed in the Circuit Court in the county where you, the decedent, or the alleged parent lived. The probate division handles estate administration and heirship questions.
• Ask the court for genetic testing: courts commonly order court-supervised DNA tests. Use an accredited lab and follow chain-of-custody rules so results are admissible.
• Gather supporting records: birth-related documents, family photographs, communication showing a parental relationship, financial support records, and any official acknowledgments.
• If the alleged parent is deceased, ask the court about posthumous testing options or testing of close relatives (siblings, parents of the decedent) and preserved biological samples.
• Consider hiring an attorney experienced in Missouri family or probate law to file pleadings, obtain subpoenas for records, and present evidence to the court.

How Missouri law treats heirs once parentage is established

Once a court establishes you are a child of the decedent, you are generally entitled to the same rights as other children for purposes of intestate succession and probate distribution. Missouri’s probate rules then apply to distribute assets to heirs under Chapter 474 (probate/intestate succession). For the statutory framework on probate and intestate succession, see: RSMo Chapter 474.

What if the estate already distributed assets?

If the estate already distributed assets to other heirs, a late determination of parentage may require reopening the probate case or filing a civil action to recover the decedent’s share that should have gone to you. Time limits (statutes of limitation) and finality rules may apply, so act promptly and consult an attorney.

Helpful Hints

• Start with a court-ordered DNA test when possible. Court-ordered tests are the most straightforward evidence to convince probate and family courts.
• Collect all documentary evidence you can find before filing. Hospital, school, insurance, tax, and military records can support a claim of parentage.
• If the alleged parent is deceased, search for preserved medical samples (hospital, pathology, or funeral home) and identify close living relatives for comparative testing.
• File quickly. Probate deadlines and statutes of limitations can affect your ability to claim an inheritance or reopen an estate after distribution.
• Bring an organized exhibit notebook to court. Timelines, copies of records, and sworn affidavits make it easier for a judge to understand the family history.
• Consider mediation or settlement if other heirs resist. A negotiated agreement can be faster and less costly than protracted litigation.
• Find local forms and procedure guides at your county circuit court or the Missouri courts website, and consider a consultation with a probate or family law attorney who knows local practice.

Where to get help: Contact the Circuit Court clerk in the county where the decedent lived or where you live to ask about filing a parentage or heirship petition. An attorney can explain the options, prepare pleadings, and help obtain DNA testing and subpoenas.

Disclaimer

This post is for general informational purposes only and is not legal advice. Laws change and every situation is unique. For advice about your specific circumstances and to protect your rights, consult a licensed Missouri attorney experienced in family and probate law.