FastCounsel

Detailed answer — How Tennessee law treats parentage and inheritance

Under Tennessee law, a person is treated as a decedent’s child for inheritance if the person is the legal child of the decedent. A birth certificate is helpful evidence but is not the only way to prove parentage. Legal parentage can be established in several ways relevant to probate and intestate succession:

1. Voluntary acknowledgment of paternity:

   If the father signed a valid Acknowledgment of Paternity (AOP) or otherwise legally acknowledged parentage during his life, that document can be strong proof of parentage. Tennessee’s Vital Records office handles birth records and related forms; for information on birth records and acknowledgment forms see the Tennessee Department of Health, Division of Vital Records: https://www.tn.gov/health/health-program-areas/vital-records.html

2. Court-ordered establishment of paternity (paternity action):

   If there is no voluntary acknowledgment, you (or the estate or personal representative) can ask a court to declare parentage. Courts can order genetic testing (DNA) and decide paternity based on the test results and other evidence. Paternity actions can be initiated in the appropriate Tennessee court — often the court handling the probate or a family court — depending on the circumstances. Tennessee courts’ public information is at: https://www.tncourts.gov/

3. Evidence a court will consider:

   DNA test results (with proper chain of custody) are the most direct evidence. When DNA testing is unavailable (for example, where the putative parent is deceased and no usable tissue is available), courts consider secondary evidence such as hospital and medical records, family testimony, correspondence, financial support, recognition as the child (insurance records, school registration, Social Security records), photographs, affidavits from people with knowledge, and any documents showing the decedent treated you as a child.

4. Proving child status during probate:

   If the parent died with a will that omits you, or without a will (intestate), your right to inherit depends on being recognized as a child under Tennessee law. If the estate is open, you can file a petition in the probate proceeding asking the probate court to recognize you as an heir based on evidence or by asking the court to permit a paternity action or DNA testing. If probate is already closed, deadlines and special procedures may apply — act quickly and consult counsel.

5. Heirship and intestate succession:

   When there is no valid will, Tennessee’s statutes govern who inherits (the decedent’s spouse, children, parents, etc.). The estate’s personal representative or a court will distribute assets according to those statutes once heirs are identified. The Tennessee Code (available from the Tennessee General Assembly website) contains the intestacy rules; for the Tennessee Code go to: https://www.capitol.tn.gov/

6. Time limits and prompt action:

   Time limits and procedural rules can affect your ability to assert inheritance rights. For example, probate deadlines, deadlines to file objections to probate, and statutes of limitation on family-law claims can apply. Because these rules vary by situation, act promptly and consider consulting an attorney with probate/paternity experience in Tennessee.

Practical outcomes depend on the evidence. A clear DNA match will usually be dispositive and will allow a court to declare you a child for inheritance. Where DNA is not possible, courts rely on the totality of evidence to make a determination.

Step-by-step practical checklist

1. Obtain a copy of the death certificate and the probate file (if the estate is or was probated). The county probate or clerk’s office can help locate the file.
2. Contact the Tennessee Department of Health, Division of Vital Records for birth-certificate guidelines and the Acknowledgment of Paternity information: https://www.tn.gov/health/health-program-areas/vital-records.html
3. Collect evidence you already have: family records, letters, photographs, school and medical records, insurance or Social Security documents, or anything showing the decedent referred to you as their child or supported you financially.
4. Consider DNA testing. If the putative parent is deceased, ask if any medical tissue, a stored blood sample, or a pathology specimen exists that could be tested. If living close relatives of the decedent (siblings, parents) are available, their DNA can sometimes help via kinship testing.
5. If necessary, file a petition in probate or family court to establish paternity/legitimacy or ask the probate court to allow a paternity action to proceed as part of estate administration.
6. Hire an attorney experienced in Tennessee probate and family law if the case is contested or if you need help with DNA chains of custody, court filings, or meeting deadlines.

Helpful hints

• Preserve evidence: make copies of all documents, photos, and correspondence. Record dates, locations, and people who can confirm facts.
• Use accredited labs for any DNA testing and ensure chain-of-custody procedures if you expect to use the test in court.
• If you’re short on money, ask the probate court whether the estate can fund necessary testing to determine heirs.
• Act quickly: probate and civil procedure deadlines can permanently affect your rights.
• When contacting genealogists or private labs for family-relationship testing, be careful: court-admissible testing usually requires specific collection and documentation protocols.
• Keep communications factual and documented. Witness affidavits from people who knew the decedent can be persuasive when DNA is impossible.

Where to get help

• Tennessee Courts (information and local court contacts): https://www.tncourts.gov/
• Tennessee Department of Health, Division of Vital Records (birth certificates, Acknowledgment of Paternity): https://www.tn.gov/health/health-program-areas/vital-records.html
• Tennessee General Assembly — Tennessee Code (statutes about probate, succession, family law): https://www.capitol.tn.gov/
• Consider a Tennessee probate or family law attorney — many offer a free initial consultation. If you cannot afford a lawyer, contact local legal aid organizations or the Tennessee Bar Association for referrals.