Detailed Answer: Can you inherit if dad’s name isn’t on your birth certificate?

Yes. In Virginia, a child born outside marriage can still inherit from a biological parent, but you generally must establish paternity. Probate and inheritance depend on whether the decedent left a will and whether a court or administrative record recognizes you as the child. The usual ways to establish paternity are: (1) a voluntary acknowledgment of paternity on a birth record; (2) a court order declaring paternity; or (3) reliable genetic (DNA) evidence combined with supporting documentation and court proceedings in the probate or circuit court. See Virginia’s law on decedents’ estates and domestic relations for the legal framework: Va. Code Title 64.2 (Wills, Trusts, and Administration of Decedents’ Estates) and Va. Code Title 20 (Domestic Relations).

Key scenarios and what they mean

• The decedent left a valid will. The will controls who gets assets. If the will explicitly disinherits you, your options are limited and time-sensitive: you may be able to contest the will for reasons like lack of capacity or undue influence, but simply not naming a child is frequently allowed unless the law or facts provide otherwise. If you were omitted because paternity was never established, you may ask a court to set aside parts of the estate distribution — speak with an attorney quickly.
• No will (intestate). If the parent died without a will, intestacy statutes determine heirs. To be treated as a child for intestacy, you must be recognized as the decedent’s child under the applicable law — usually via an acknowledged paternity or a court order establishing paternity. The probate court or circuit court will require evidence to add you as an heir.
• Paternity established while the parent was alive.If there was a court order, a signed voluntary acknowledgment of paternity, or an amended birth certificate showing the father, your claim is straightforward: present those records to the probate clerk.
• Paternity not established before death. You will usually need to file a petition in the appropriate Virginia court (often the circuit court handling the estate) asking the court to declare you a child and heir. Courts rely on DNA, witness testimony, records, and other evidence.

Types of evidence courts accept

Collecting strong evidence improves your chance of success. Common accepted evidence includes:

• Court-ordered or voluntary DNA test results (court-supervised chain of custody).
• A signed Voluntary Acknowledgment of Paternity (if one exists) or an amended birth certificate from the Virginia Department of Health (VDH Vital Records).
• Medical records showing father’s name or genetic ties.
• Communications (letters, emails, texts) in which the decedent acknowledges paternity.
• Evidence of financial support, listed dependents, or social custom (e.g., the family treated you as the decedent’s child).
• Affidavits from people with direct knowledge (relatives, the decedent’s friends), though courts weigh these less than genetic/official evidence.

Practical steps to take in Virginia

1. Preserve records immediately. Get the decedent’s death certificate, any will, and any probate notice. Gather communications, photos, financial records, and anything showing a parent-child relationship.
2. Check vital records. See if your birth certificate can be amended or whether a Voluntary Acknowledgment of Paternity exists through Virginia Department of Health: https://www.vdh.virginia.gov/vital-records/.
3. Consider DNA testing. Court-ordered DNA with proper chain-of-custody is persuasive. If the alleged father is deceased, courts can sometimes order DNA from stored samples, from his medical records, or DNA from his close biological relatives (siblings, parents) to infer paternity.
4. File a petition to establish paternity or heirship. If you cannot rely on an existing recognition of paternity, file a petition in the circuit court in the county where the estate is being probated (the clerk handling the estate can explain the local practice). The court can hold a hearing and enter a final order declaring paternity for the estate. The Virginia court system’s site can help you locate the right court and clerk: Virginia Judicial System.
5. Respond quickly to probate deadlines. If the estate is already administered or distributed, there are procedural rules and deadlines to reopen or contest distributions. Act fast and consult an attorney because timing affects remedies available to you.
6. Get legal help. An estate or family law attorney can file petitions, arrange DNA testing, and present evidence to the court.

Costs and timeline

Expect court filing fees, costs for DNA tests (higher if court-supervised or if you must test relatives), and attorney fees. Time varies: simple cases with DNA and clear facts can resolve in a few months; complicated or contested estates can take a year or more. If a will is being contested, strict statutory deadlines may apply — contact counsel quickly.

If the estate administration already ended

If the estate closed and property already transferred, you may need to ask the court to reopen the estate or bring an independent action to declare your status and recover your share. Reopening often requires demonstrating good cause and timely action once you knew or should have known about the inheritance issue.

When a will names someone else

If the decedent’s valid will leaves everything to others, being declared a child does not automatically override a will. You can challenge a will’s validity on limited legal grounds. If the will omitted you because paternity was unknown, the court may still enforce the will unless you can prove grounds to invalidate it. Reach out to an attorney to evaluate possible claims.

Helpful Hints

• Start now. Time limits and probate procedures can block claims if you wait.
• Get certified copies of the death certificate and any will before you go to court.
• Use court-ordered DNA tests for the best admissible evidence; private tests are less persuasive unless the chain of custody is documented.
• Contact the probate clerk where the estate is filed. Clerks can identify the case file and explain local filing steps and deadlines.
• If the alleged father is deceased, locate medical records, pathologists’ reports, stored tissue, or close relatives for comparative DNA testing.
• Keep organized records: timeline, names, dates, contacts, and copies of every document you submit or receive.
• If you can’t afford private counsel, ask the court clerk about legal aid or pro bono resources in your area.
• Remember: an amended birth certificate or voluntary acknowledgment is the simplest proof — check whether that is possible before or after the parent’s death through VDH.