Detailed answer: legal framework and step-by-step approach

Why this matters

If a person dies without a valid will (intestate), Arkansas law distributes the estate to heirs under the state’s probate rules. To inherit as a child, you must be recognized under Arkansas law as that decedent’s child. If your father’s name is missing from your birth certificate, you still can establish parentage and claim inheritance rights — but you must provide other proof.

What Arkansas law governs this

Parentage and probate matters are handled under Arkansas statutes governing parentage and intestate succession. For general reference see Arkansas Code Title 9 (Domestic Relations / Parentage) and Title 28 (Probate and Administration):

• Arkansas Code: Title 9 (Parentage and domestic relations)
• Arkansas Code: Title 28 (Probate and administration / intestate succession)

Primary ways to prove parentage for inheritance

You or your lawyer will generally pursue one or more of the following paths:

1. File a paternity/parentage action in court.

   If the estate is in probate, file a petition in the probate or circuit court handling the estate asking the court to declare that you are the decedent’s child. The court can receive evidence and make a legal finding of parentage that allows you to be treated as an heir.

2. Use DNA and kinship testing.

   DNA testing is the most persuasive scientific evidence. Options include:

   • Testing your DNA against the decedent’s DNA if a sample exists (medical sample, stored tissue, or other remains). Testing remains may require court permission or a probate court order and coordination with the medical examiner or funeral home.
   • Testing your DNA against close relatives of the decedent (e.g., the decedent’s children by other relationships, siblings, parents). A kinship analysis (e.g., sibling or grandparentage testing) can establish a biological relationship when the decedent’s own DNA is not available.
3. Present non-DNA evidence and contemporaneous records.

   Courts consider many kinds of proof when DNA is unavailable or supplemental to DNA, including:

   • Affidavits from people who knew the relationship (family members, midwives, doctors, clergy).
   • Medical records and hospital birth records listing the father or showing the father’s presence at the birth.
   • School, baptismal, or medical records listing a father or caretaker who is the decedent.
   • Old correspondence, photographs, texts, or documents showing a parental relationship or acknowledgement.
   • Records of the decedent claiming you as a dependent on tax returns or insurance forms; social security or veteran records showing parent-child relationship.
4. Voluntary acknowledgment or legitimation documents.

   If there is a signed affidavit of paternity (acknowledgement of paternity) filed with the state while the father was alive, that is powerful evidence. Arkansas allows parents to sign a voluntary acknowledgement of paternity for new births; search Arkansas Vital Records for forms and procedures: Arkansas Dept. of Health – Birth Certificates & Paternity.

5. Ask the probate court to recognize you as an heir.

   If the estate is already in probate, file a formal claim as an heir and give the court the evidence above. The probate court can hold a hearing and enter an order recognizing you as an heir if it finds the evidence persuasive.

Special practical issues

• Testing a deceased person: If the decedent’s body or stored tissue is available, DNA testing is often possible but may require a court order and coordination with the funeral home, medical examiner, or health care provider. If the decedent’s remains are not available, test the decedent’s close relatives for kinship analysis.
• Exhumation: Exhumation to obtain DNA is sometimes used but requires a court order and compliance with health and local rules. Courts will weigh invasiveness against the need for proof.
• Time limits: Statutes of limitation may apply to certain claims, but probate courts often allow heirs to petition to establish parentage even after the decedent’s death. Consult a lawyer promptly.
• Adverse claims: If others claim the estate, you may need to litigate your status. That process can include discovery, subpoenas for records, and depositions.

What you should collect immediately

Start assembling a file. The stronger your documentation when you talk to a lawyer, the better your chance of success.

• Your certified birth certificate (even if it lacks the father’s name).
• Any documentation naming the father (letters, photos, school records, insurance or tax records, social security records).
• Medical or hospital records around your birth.
• The decedent’s death certificate and probate case number (if probate has already started).
• Contact information for relatives who can provide affidavits or DNA samples.

How a court proceeding usually works

Typical steps if you file to establish parentage in Arkansas probate or circuit court:

1. File a petition naming the estate and other interested parties.
2. Serve interested parties with notice.
3. Request DNA testing and/or present documentary evidence.
4. Attend a hearing where the court weighs evidence and issues a parentage finding or order recognizing you as an heir.
5. If you prevail, the court’s order can be used to claim inheritance from the estate.

Costs and timeline

Costs vary. DNA/kinship testing typically ranges from several hundred to a few thousand dollars depending on complexity. Court proceedings, attorney fees, and expert witness costs can increase total expenses. Timelines vary from a few months (if parties cooperate and DNA is available) to a year or longer for contested cases.

When to get a lawyer

Given the technical and procedural issues (court filings, evidence rules, coordinating DNA testing, potential disputes), consult a probate or family law attorney as soon as possible. If you cannot afford a private lawyer, look for low-cost legal aid providers or law school clinics that handle probate/parentage matters.

Helpful Hints

• Begin by getting certified copies of your birth certificate and the decedent’s death certificate.
• Contact the Arkansas Department of Health for guidelines on paternity acknowledgement and to verify whether any paternity forms exist for your birth: Arkansas Dept. of Health – Birth Certificates.
• Collect contemporaneous documents that show the decedent acted as your parent (school, medical, insurance, tax, social security records).
• Ask close relatives whether they will voluntarily provide DNA samples before seeking court-ordered testing — cooperation speeds resolution and cuts costs.
• If the estate is already in probate, contact the probate clerk or the attorney for the estate quickly to learn deadlines for filing claims.
• Keep clear records and a timeline of events, conversations, and attempts to get evidence. This helps your lawyer and the court.
• If you believe the deceased acknowledged paternity during their lifetime (letters, public statements, legal documents), highlight that evidence to your lawyer — voluntary acknowledgements are powerful.
• Expect the court to weigh all evidence; DNA is persuasive, but the court may accept strong documentary or testimonial evidence where DNA is impractical.