Situations
Newly found heirs
A DNA test, an old letter, or a death in the family can reveal a parent you never knew. Whether you inherit turns first on one question: was there a will?
If there is no will
Children inherit from a parent who dies without a will, whether or not the parent knew them, raised them, or was married to their other parent. A child who never met the parent inherits the same as a child who grew up in the house.
What has to be established is that the person was your parent. For a father, that is usually settled when the parents were married, when he signed an acknowledgment of paternity, or when a court has already declared him the father. If none of those happened, you can ask the probate court to decide it. You must prove by clear and convincing evidence that he was your biological father, and in an heirship case the court can order genetic testing. Once that’s proved, you’re treated the same as any other child of his.
Children born outside marriage · If you never knew your father or mother · DNA: I just discovered my father
If there is a will
In Texas, a parent doesn’t have to leave anything to a child, so if the will names specific people, it usually controls. But a will that leaves property to “my children,” “my descendants,” or “my heirs” without naming them may include you. A child who was born or adopted after the will was signed, and isn’t mentioned or provided for, may have rights as a pretermitted child.
Once a will has been filed for probate, it’s a public record, so you can read exactly what it says.
DNA and newly found parents · Pretermitted children · How to get a copy of a will
Adopted children
An adopted child inherits from the adoptive parents. An adopted child generally also keeps the right to inherit from the biological parents, unless a court order ending the parent’s rights said otherwise.
Adopted children and their biological parents · Adoption by estoppel
Time limits
For a death on or after January 1, 2014, there is no deadline to start an heirship proceeding. That doesn’t mean time is on your side: the longer it has been, the harder the evidence is to gather and the more likely the property has been sold or divided. If there is a will, the deadline to contest it is generally two years from the date it was admitted to probate.
If the family won’t acknowledge you, the process is the same as when you’re left out of an estate with no will. There’s no will · How heirship proceedings work
Tell me what happened
Write to me through the contact form: what happened, roughly when, and who is involved. I read these myself. Writing means our first conversation can be about your situation instead of getting me up to speed.