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Detailed Answer

Short answer: To inherit from a deceased father whose name is not on your birth certificate, you must establish legal paternity under West Virginia law. That typically means creating a clear, court-recognized record that he is your father—usually through a voluntary acknowledgment, DNA testing with proper chain-of-custody, or a court paternity determination—and then using that court order or record in the probate process where the estate is administered.

How this works in practice (step-by-step)

1. Collect any existing evidence linking you to your father.

   Gather documents that help show a parent-child relationship: family photographs, correspondence, medical records, school records, affidavits from relatives or friends, proof of financial support, or any documents where your father acknowledged you. These documents alone may not be enough, but they support a case.

2. Consider a voluntary acknowledgment of paternity if the father is alive.

   If the father is alive and willing, he can sign a voluntary Acknowledgment of Paternity or otherwise complete the state form to add his name to your birth certificate. Contact West Virginia Vital Records (WV Vital Records) for the procedure and forms.

3. If the father is deceased or won’t cooperate: get DNA testing and/or file a paternity action.

   If the father has died or will not voluntarily acknowledge paternity, you (or the estate or another interested person) can ask a West Virginia court to determine paternity. Courts routinely accept DNA evidence. To be persuasive in probate or in a paternity case, the DNA test should follow strict chain-of-custody procedures (court-approved lab, certified collection, documented handling). If direct samples from the decedent aren’t available, courts may order DNA from remains, medical specimens, or close relatives for kinship testing—but these usually require court approval.

4. File the proper petition in the correct court.

   Paternity and family matters are handled by West Virginia’s courts. Depending on the county and the exact issue (establishing paternity while the father is alive, posthumous paternity actions, or claiming against an estate), you may file in family court or the circuit court. The West Virginia Judiciary website can help you find local filing information: courts.wv.gov.

5. Use a paternity order to make an heirship claim in probate.

   Once a court issues an order declaring paternity, that order is the primary proof you are a legal child. Present it to the person administering the estate (executor or personal representative) or to the probate authority to assert inheritance rights. West Virginia’s rules for intestate succession and estate administration are found in the West Virginia Code; see Chapters on Decedents’ Estates and Domestic Relations for the statutory framework: Chapter 42 – Decedents’ Estates and Fiduciaries and Chapter 48 – Domestic Relations. For general code search: code.wvlegislature.gov.

6. If you are denied by the estate administrator, file a claim or an heirship action promptly.

   If the estate’s personal representative refuses to recognize you, file a claim with the probate court or petition the court to determine heirs. If the decedent left a will that excludes you, you may still challenge the will or claim against the estate in certain circumstances—but those matters are fact-specific and often time-limited.

7. Act quickly and consider deadlines.

   Time limits (statutes of limitation) can apply to actions to establish paternity or to contest estates and wills. For a better understanding of deadlines in your situation, ask an attorney right away. As a practical rule, start the process as soon as you learn of the estate or your potential inheritance.

8. Hire a lawyer familiar with West Virginia paternity and probate law.

   Cases that involve paternity and inheritance can be legally complex—especially when the father is deceased, the birth certificate lacks his name, or a will exists. A lawyer can help you gather the right evidence, arrange court-ordered DNA testing, draft and file the petitions, and represent you in probate court.

How courts typically accept evidence

• Chain-of-custody DNA test reports from accredited labs (highest weight).
• Sworn affidavits from family members who can attest to the relationship.
• Medical or hospital records showing the father at the birth.
• Legal documents where the father acknowledged paternity (letters, government records, tax returns).

Common scenarios and what usually happens

– If you get a court paternity order while the father is alive, it usually clears the way to be listed as an heir. If you obtain that order after the father dies, submit it in probate to claim your share.

– If a will exists naming others, a paternity order may not automatically change the will, but it can give you standing to object or to make claims depending on the circumstances.

– If DNA from the decedent is possible (medical specimens, tissue, exhumation), the court will evaluate how the sample was obtained. Courts often require a strong showing before permitting invasive sampling like exhumation.

Helpful statutory resources (where to read more)

• West Virginia Code (laws searchable online): https://code.wvlegislature.gov/
• Chapter 48 (Domestic Relations) — for statutes about parentage and paternity procedures: https://code.wvlegislature.gov/48/
• Chapter 42 (Decedents’ Estates and Fiduciaries) — for intestacy and estate administration rules: https://code.wvlegislature.gov/42/
• West Virginia Vital Records (birth-certificate procedures and forms): https://dhhr.wv.gov/oeps/vitalrecords/
• West Virginia Judiciary (filing in state courts and local contact information): https://www.courtswv.gov/

Note: This summary explains typical routes to establish paternity for inheritance. Specific procedures, court names, and forms can vary by county and by whether the father is alive or deceased.

Helpful Hints

• Start immediately. Probate deadlines and statutes of limitation can bar late claims.
• Use DNA tests from accredited labs and keep strict chain-of-custody documentation if you expect to use the results in court.
• If direct DNA from the decedent is not available, ask about kinship testing using other close relatives (siblings, parents) and get legal permission for any invasive testing.
• Keep originals of all records and make certified copies for filings.
• Contact West Virginia Vital Records early to learn if a birth certificate amendment is practical and what documents they require: WV Vital Records.
• If cost is a concern, look for local legal aid programs or a lawyer who will take the case on a contingency or limited-scope basis. The West Virginia State Bar or local legal aid can help with referrals.
• When in court, a signed judicial order declaring paternity is usually the most effective proof for inheritance claims—try to obtain one rather than rely only on informal documents.
• Be honest on all filings and in court. Contradictory histories or hidden information can hurt your claim.

Final reminder: This article explains general steps under West Virginia law but is not a substitute for an attorney’s advice. Situations differ, and an attorney can explain time limits, local filing procedures, and the best strategy for your case.

Disclaimer: This is educational information and not legal advice. For advice about your specific situation, contact a licensed West Virginia attorney.