Newly found heirs

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

Proving the relationship: DNA and other evidence

For many people, a consumer DNA test is how they find out. It is a good starting point. In court, though, what usually matters is testing done the way the law requires. In an heirship proceeding, the court can order genetic testing on its own, and must order it if a party asks. The results of court-ordered testing are admissible as evidence, and can create a presumption that the other side would then have to overcome.

If the father’s own DNA isn’t available, the court can order a parent, brother or sister, or child of his to provide a sample, if there’s good cause and the need outweighs that relative’s interests. The court can also order testing of the father himself after his death, but only for good cause. That is rare.

DNA isn’t the only evidence, and sometimes it isn’t needed at all:

• Your birth certificate, and whether he is named on it.
• What he said and did. Telling people you were his child, cards and letters, photographs, support payments, or listing you on forms.
• People who knew. Your mother, his relatives and friends, and anyone he told.
• Your DNA matches. Half-siblings, cousins, or other relatives on his side who show up in a consumer test can point to who can be tested.

Once the relationship is established, it can matter beyond his own estate. A child inherits from the father and from the father’s side of the family, so if he died before his parents, you may also have a share in a grandparent’s estate.

What it looks like when you’re being left out

• You learned of the death after the funeral, or from an obituary that doesn’t mention you.
• His family won’t return your calls or insists you aren’t his child.
• An affidavit of heirship filed in the county property records lists his heirs, and you aren’t on it.
• His house or land is being sold, or his estate is being divided, without anyone contacting you.
• Someone tells you there was no will, but nobody has opened a probate or heirship case.

Families are often unaware of a child, or unsure what to do, so any one of these can have an innocent explanation. It’s the pattern that matters.

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

What to do next

1. Find out whether there was a will. Check the probate records of the county clerk where he lived. A will filed for probate is a public record.
2. Find out whether anything has been filed. A probate or heirship case, or an affidavit of heirship in the county property records.
3. Keep your DNA results. Save the report and a list of your matches on his side of the family.
4. Gather what you have. Your birth certificate, letters, cards, photographs, messages, and any record of support.
5. Write down who knew. The people who can say he was your father, or that he said so himself.
6. Don’t wait. The people who knew get older, and property gets sold or divided.