Detailed Answer: How to prove you are your father’s child for inheritance in Wisconsin

Short answer: If your father’s name is not on your birth certificate, you can still establish that he is your legal parent for inheritance. In Wisconsin the two common routes are (1) a voluntary acknowledgment or administrative correction of the birth record when possible, or (2) a court action to establish parentage (paternity) so a probate court will recognize you as an heir. You may also use DNA or other evidence to support your claim. The exact steps depend on whether the alleged father is alive, deceased, whether an estate is open in probate, and what documentation exists.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains how things typically work under Wisconsin law and points you to next steps. For a case-specific plan, consult a Wisconsin probate or family law attorney or the circuit court handling the estate.

Overview of legal framework in Wisconsin

Two legal areas matter here:

• Parentage (paternity) law — how to legally establish who a child’s parent is. See Wisconsin statutes on parentage and actions to establish parentage: Wis. Stat. ch. 767 (Family court matters, including parentage).
• Probate and intestate succession — how estates are distributed when a person dies, and how heirs are identified. See the Wisconsin statutes governing intestate succession and probate procedures: Wis. Stat. ch. 852 (intestate succession) and the probate chapters and local circuit court rules.

Common scenarios and recommended steps

1) Alleged father is alive or can be contacted

1. Ask the father to sign a voluntary acknowledgment of paternity or an affidavit of parentage. This is the quickest administrative way to add a father’s name to a birth record and to create a record of parentage.
2. If he is willing but unsure, you can arrange a genetic test (DNA test) through an accredited lab and have both parties sign chain-of-custody paperwork if possible.
3. If the father refuses to sign voluntarily, you can file a paternity action in the Wisconsin circuit court asking the court to declare parentage. The court can order genetic testing and then enter a judgment establishing parentage if the tests show a biological relationship.

2) Alleged father is deceased and an estate/probate exists

1. Determine whether the estate is already open in probate and who the personal representative is. Contact the probate clerk at the county circuit court where the decedent lived.
2. If an estate is open and you believe you are an heir by blood, you need a legal determination of parentage recognized by the probate court. In many cases the options are:
• Present a previously executed voluntary acknowledgment of paternity or a court order establishing paternity that already exists.
• If no acknowledgment exists, seek a court order establishing parentage. Wisconsin courts can hear petitions to establish parentage even posthumously. The court can accept genetic evidence taken from the decedent if a sample is available (stored tissue, medical sample, or by court-ordered exhumation when necessary and allowed) or from close relatives (grandparentage or sibling DNA testing) to prove parentage.
3. If you successfully obtain a court order declaring the decedent was your parent, present that order to the probate court or personal representative as proof of heirship for distribution.

3) No estate yet (you learn about a death and want a share)

1. Contact the probate clerk in the county where the decedent lived and ask whether an estate administration has been opened. If none is open, you may need to open an estate or file a petition to determine heirs — or ask the personal representative to include you as an heir once parentage is established.
2. If you believe the decedent intended to leave property to heirs and there is a will excluding you, you may need to contest the will or petition the court to declare you an heir. File promptly and consult a lawyer; deadlines apply for challenging wills or filing claims against estates.

Types of evidence the court or probate will accept

Courts will weigh multiple kinds of evidence. Stronger evidence increases your chance of success.

• Voluntary documentation: signed affidavits of parentage, prior court orders, child support orders or genetic-test results previously admitted in court.
• Genetic/DNA testing: direct parent-child DNA testing (if both parties’ samples exist) or close-relative DNA testing (grandparent, sibling, or aunt/uncle) if the alleged parent is deceased. Courts often prefer tests done by accredited labs using chain-of-custody procedures.
• Medical or hospital records: birth hospital records, maternity notes, and neonatal charts that refer to the father.
• School, baptism, or other records: records listing the alleged father’s name, or benefit records (insurance, Social Security, veterans’ benefits) identifying you as the child.
• Witness testimony: sworn statements from people who can testify that the decedent acknowledged paternity during life.
• Communication and documentary evidence: letters, photographs, phone logs, or payments (support, insurance, gifts) evidencing a parent-child relationship.

Practical step-by-step checklist

1. Collect all existing documents: birth certificate, any court orders, financial records, family documents, and correspondence.
2. Contact the county circuit court probate clerk where the decedent lived to learn whether an estate has been opened and what deadlines apply.
3. If the father is alive and cooperative, obtain a voluntary acknowledgment of paternity or jointly submit to DNA testing using an accredited lab with chain-of-custody procedures.
4. If the father is deceased or unwilling, consult with a family law or probate attorney about filing a parentage action or a petition in the probate case to have the court declare you an heir based on genetic and documentary evidence.
5. If DNA from the decedent is needed and not available, ask about alternative sources (medical samples, personal items, or genetic testing of relatives) and whether exhumation is a legal option in the county (this typically requires court permission).
6. File proof of parentage and any court orders with the probate court or present them to the personal representative to assert your inheritance claim.

Where to get help and authoritative resources in Wisconsin

• Wisconsin Department of Health Services — Birth certificates and vital records (how to request or amend a birth record): dhs.wisconsin.gov/vitalrecords/birth-certificates.htm.
• Wisconsin Department of Children and Families / Child Support (information on paternity establishment and genetic testing): dcf.wisconsin.gov/childsupport/paternity.
• Wisconsin Courts — family law and probate court information and self-help resources: wicourts.gov. Search for parentage/paternity and probate forms for your county.
• Wisconsin statutes (parentage/paternity and intestate succession): Wis. Stat. ch. 767 (parentage and family matters) and Wis. Stat. ch. 852 (intestate succession and related probate rules).

Helpful Hints

• Act quickly once you learn about a decedent’s estate — probate and will-contest deadlines can be short.
• Accredited DNA tests with chain-of-custody are more likely to be accepted by courts and probate administrators than commercial-at-home tests.
• If you cannot get a DNA sample from a deceased parent, DNA from close relatives (grandparents, siblings) can often establish parentage with reasonable certainty when combined with other evidence.
• Keep copies of everything. Create a timeline of facts, contacts, and documents showing relationship and contact.
• Probate and parentage matters are handled in county circuit courts. Contact the clerk of courts in the county where the decedent lived for local forms and procedures.
• If the decedent had a will that excludes you, do not assume you have no options; a paternity determination can change heirship in some situations. Consult an attorney promptly.
• Legal aid organizations sometimes assist low-income people with probate or parentage matters. Check local resources if cost is a concern.

Final notes

Establishing parentage when a father’s name is not on the birth certificate is commonly done in Wisconsin, but the process can involve filing papers, getting court orders, and sometimes complicated DNA procedures if the father is deceased. The most reliable route is a court order declaring parentage or a properly executed voluntary acknowledgment of paternity. If you are trying to claim inheritance, consult the probate clerk and consider getting legal advice so you meet procedural requirements and deadlines.

This is general information and not legal advice. For case-specific guidance, contact a licensed Wisconsin attorney or a court self-help center.