Detailed answer — how parentage is established in Alaska and why it matters

When someone dies without a will, Alaska’s probate (intestate succession) rules decide who inherits. Children generally inherit from a parent, but courts and probate officials require proof that you are legally the decedent’s child. Alaska law that governs family relationships and probate can be found in the Alaska Statutes (see Title 25 for family/parentage topics and Title 13 for probate/intestate succession):
Alaska Statutes, Title 25 (Family) and
Alaska Statutes, Title 13 (Probate).

Here are the practical legal routes to establish parentage when the father’s name does not appear on the birth certificate:

1. Voluntary Acknowledgment of Paternity (VAP).

   If a father signs an official acknowledgment of paternity (often at birth or later), that creates a legal presumption of parentage. If such an acknowledgment exists in vital records, obtain a copy from the Alaska Vital Records office: Alaska Vital Records. A signed VAP is strong evidence in probate and benefits applications.

2. DNA (genetic) testing.

   Genetic testing provides direct biological proof. If the father is living, both of you can do voluntary testing through an accredited lab and use the results in probate or family court. If the father is deceased, courts can order DNA testing of stored tissue (medical samples), a preserved item (toothbrush, hair with root), or of living close relatives (siblings, grandparents) to infer parentage.

3. Court adjudication of paternity.

   If you cannot get an acknowledgment or voluntary test results, you (or your attorney) can file a petition in Alaska Superior Court to establish parentage. A judge will consider DNA evidence, witness testimony, documentary evidence (letters, records showing father’s behavior toward you), and other proof. A court order establishing parentage is effective for inheritance claims and probate proceedings.

4. Legitimation by marriage or later actions.

   In many states, if the parents married after the child’s birth or the father openly treated the child as his own (providing support, listing the child on official records), the law may treat the child as legitimate. Whether this applies in a particular case depends on Alaska law and the facts. Gather documents (marriage certificates, support records, school or medical records listing the father) to support a claim of legitimation.

5. Other documentary and testimonial evidence.

   If a DNA test or VAP is unavailable, courts consider other evidence: family photographs, letters or emails from the father to the child, affidavits from family members stating the father acknowledged you, records showing the father listed you as his child on government forms, or evidence he provided consistent financial support. These pieces can support a parentage claim, especially when combined.

How this affects an inheritance claim

If the decedent left no will (intestate), Alaska’s probate law determines heirs. To open a probate claim or to be included in distribution you will need either an official acknowledgment, a court order of parentage, or convincing evidence that a court can accept. Contact the probate clerk in the county where the decedent lived, and bring any evidence of parentage when you file a claim.

Timing and practical steps

1. Act quickly. Probate and statute-of-limitations deadlines can limit your ability to raise a claim. Bring your claim as soon as possible after the person’s death.
2. Collect documents: birth certificate, family photos, letters, school/medical records, Social Security records, proof of support, old tax returns or benefits applications that list family relationships.
3. Request vital records: get certified copies from Alaska Vital Records (dhss.alaska.gov).
4. Arrange DNA testing if possible. If the decedent is deceased, consult an attorney about court-ordered testing of preserved samples or living relatives.
5. Consult a probate or family law attorney experienced in parentage actions. They can file the correct petition and subpoena evidence or request genetic tests through the court.

If the decedent left a will that disinherited you, establishing parentage may still be necessary to contest the will or to assert statutory rights (for example, if Alaska law provides a spousal/child protection). An attorney can advise whether a will contest, claim for omitted child, or other probate action is appropriate under Alaska law (Title 13).

Helpful Hints

• Keep copies of everything. Make a folder with all records that could show your relationship to the decedent.
• Start with vital records. A signed Voluntary Acknowledgment is often decisive; the Alaska Vital Records office can confirm whether one exists.
• Use accredited labs for DNA testing and keep chain-of-custody documentation if results might be used in court.
• Speak with the probate clerk early to learn filing rules and potential deadlines for contesting a will or filing claims against the estate.
• If the decedent is deceased, preserve any items that might contain DNA (hairbrushes, clothing saved by family), and mention them to your attorney quickly — evidence can degrade or be lost.
• Consider approaching other potential heirs (siblings, mother, grandparents) cooperatively at first; an agreed affidavit or stipulation can avoid court time and expense if everyone accepts parentage evidence.
• Expect some delay. Courts often require careful confirmation of parentage when estate distributions depend on it.