How to Prove You Are Your Father's Child for Inheritance in Colorado | Colorado Probate | FastCounsel
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How to Prove You Are Your Father's Child for Inheritance in Colorado

August 18, 2025 7 min read

Proving Paternity for Inheritance in Colorado: A Step‑by‑Step FAQ

Disclaimer: This is educational information, not legal advice. If you need legal help, consult a Colorado attorney.

Question

How can I prove I am my dad’s child for inheritance when his name isn’t on my birth certificate?

Short answer

If your father’s name is not on your birth certificate, you can still establish legal paternity in Colorado. Typical routes are: a voluntary acknowledgment of paternity (when both parents agree), DNA (genetic) testing arranged through the court, or a court judgment establishing paternity. Once a court has declared paternity (or you have a valid Acknowledgment of Paternity), you can assert inheritance rights in probate. You will likely need to file evidence of paternity with the probate court handling the decedent’s estate.

Detailed answer — What to expect and the steps to take

1) Understand the legal framework

Colorado’s parentage rules are found in the Colorado Parentage Act (Title 19, Domestic Relations). The probate and intestacy rules that govern who inherits when someone dies without a will are in Colorado’s probate statutes (Title 15). See the state statutes overview pages:

2) Determine whether an Acknowledgment of Paternity (AOP) already exists

If the father signed a voluntary Acknowledgment of Paternity at the hospital or later and that AOP was filed with the state, it creates legal parentage and is often sufficient to establish inheritance rights. To check or to request an amended birth certificate, contact Colorado Vital Records:

3) If no AOP exists, you can ask the court to establish paternity

When there is no signed AOP you will generally need a court order to establish parentage. Common situations and legal options:

  • Father is alive: The father (or you, the child) can sign an AOP if both parties agree. Alternatively, either party can file a civil petition in district court to have paternity adjudicated and request DNA testing.
  • Father is deceased: You can file a petition to establish paternity after his death. Colorado courts may allow posthumous paternity actions. The court can order genetic testing of available remains (if feasible) or of the father’s biological relatives (siblings, parents) as admissible genetic evidence if testing of the decedent isn’t possible.
  • When a will exists: If the decedent left a will that omits you, establishing paternity may or may not change the distribution depending on Colorado probate law and the facts. You may need to consult an attorney to challenge the will (for example, by arguing the will is invalid) or to assert statutory inheritance rights if the will was found to be invalid.

4) Genetic testing — what it involves

Genetic (DNA) testing is the most common and persuasive evidence. Key points:

  • The court prefers DNA tests that follow strict chain-of-custody procedures through an accredited laboratory.
  • If the father is deceased and his body is not available, the court can order DNA testing of close biological relatives (father’s siblings, parents, or other children).
  • Expect the court to weigh the DNA results along with other evidence (documents, testimony, or an AOP) when deciding paternity.

5) How paternity affects inheritance and probate

Once paternity is legally established (by AOP or court order), you become a lawful child for purposes of Colorado probate law and intestate succession. That generally means:

  • If the decedent died intestate (without a will), you may be entitled to a share under the intestacy statutes found in Colorado’s probate code.
  • If there is a probate case already open, file the paternity order or AOP with the probate court and ask the personal representative to include you as an heir or claimant.
  • If probate is closed or assets were already distributed, you may need to ask the probate court to reopen the estate or to bring a separate action seeking your share.

6) Who can file and where

Possible filers include the child (if an adult), the child’s guardian, the mother, the decedent’s personal representative, or (in some cases) a third party with standing. Paternity claims and probate issues are typically handled in Colorado district court (family law or probate docket). Start by contacting the clerk of the district court in the county where the decedent lived or where probate is pending.

7) Typical timeline and costs

  • Filing a petition to establish paternity: weeks to months, depending on court schedules.
  • DNA testing (court‑ordered): usually completed within a few weeks after samples are collected.
  • Costs: court filing fees, lab fees for DNA tests (can range from a few hundred to over a thousand dollars depending on tests and sample collection), and attorney fees if you hire counsel.

8) Practical evidence to gather now

Collect anything that can support the claim while you pursue legal steps:

  • Your original birth certificate (showing who is listed)
  • Any hospital AOP forms or correspondence with Vital Records
  • Photos, letters, cards, texts, or emails that show a parent–child relationship
  • School, medical, or insurance records showing the father’s involvement
  • Contact information for the father’s relatives (they may be needed for genetic comparison)

9) If you need to act quickly

  • If probate is already open, immediately file a motion to be recognized as a potential heir and ask the court to allow expedited DNA testing.
  • If assets are at risk of being distributed, contact the probate court clerk to learn how to place a hold or to file a claim.

10) Where to get forms and local help

Helpful Hints

  • Start by contacting the probate court clerk where the decedent’s estate is or would be opened. Clerks can explain local procedures and deadlines.
  • Get DNA testing through a court‑approved lab to ensure the test is admissible in court. Private home test kits are usually not acceptable evidence.
  • If the father died long ago, still collect any family documents and ask a judge for permission to test relatives’ DNA samples when direct testing isn’t possible.
  • Keep records of every interaction (dates, names, summary of conversations) with court staff, labs, and family members.
  • Consider a free or low‑cost consultation with a probate or family law attorney to learn strategic options; many attorneys offer limited-scope help if full representation is unaffordable.
  • If a will exists and you think you were omitted intentionally, seek legal advice quickly; will contests have strict time limits and technical requirements under Colorado law.

Next steps checklist

  1. Check with Colorado Vital Records to see if an Acknowledgment of Paternity is on file.
  2. Gather documentary evidence (birth certificate, records, communications).
  3. Contact the district probate court clerk where the decedent lived to learn how to file a paternity claim or present your evidence in probate.
  4. Request court‑ordered DNA testing through the court if no AOP exists or if testing of relatives is necessary.
  5. File the paternity order or AOP with probate and pursue your claim as an heir.

If you want, tell me whether the father is alive or deceased and whether probate is already open. I can outline the specific court forms and the likely next filing steps in your county.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.