Detailed Answer

If you need to inherit from a deceased parent but that parent’s name does not appear on your birth certificate, you can still establish that legal parent–child relationship. Under Hawaii law, a court or the Department of Health can establish parentage so you may qualify as an heir under Hawaii’s intestate succession rules (see Hawaii Revised Statutes, Chapter 560). The most reliable routes are:

1. Amend the birth record or find a signed acknowledgment of paternity.

   If your father ever signed a voluntary acknowledgment of paternity (AOP) or the birth record can be amended (for example, if the father later acknowledged paternity to the Department of Health), that document is strong evidence of legal parentage. Contact the Hawaii Department of Health, Vital Records to ask whether an AOP or an amendment is possible or already exists: https://health.hawaii.gov/vitalrecords/.

2. Get a court order establishing paternity (parentage).

   If there is no AOP or birth-record amendment, you (or the personal representative of the estate) can ask a Hawaii family or probate court to enter an order declaring you are the child of the decedent. Courts will consider direct evidence (DNA test results) and circumstantial evidence (financial support, cohabitation, communications, testimony of witnesses). DNA test results ordered by the court provide powerful proof. For information about how probate and family courts handle these matters in Hawaii, see the Hawaii State Judiciary self-help pages: https://www.courts.state.hi.us/self-help/probate.

3. Use genetic/DNA evidence.

   When available, court-ordered DNA testing that shows a close biological relationship will strongly support a petition for recognition of inheritance rights. DNA alone may not automatically change legal status; a court must usually incorporate the DNA results into an order declaring parentage.

4. Document family relationship and reliance.

   If the family treated you as a child (financial support, schooling, shared residence, use of the parent’s name, affidavits from relatives or close contacts), collect these documents and witness statements. Courts sometimes rely on such evidence—especially if the presumed parent intentionally held you out as their child.

5. File a claim in probate or a paternity action promptly.

   If your parent died without a will, the estate will go through probate and the court will apply Hawaii’s intestacy rules (HRS Chapter 560) to determine heirs. If you are not listed, file a petition with the probate court asserting your status as an heir and attaching the evidence described above. If needed, file a separate paternity or parentage action to obtain a court declaration. See Hawaii Revised Statutes, Chapter 560 (Intestate Succession): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS_0560/.

How the court approaches the matter depends on specific facts: whether the father ever recognized you publicly, whether he paid for your support, whether he executed a will that mentions you, and whether third-party evidence supports your claim. Where necessary, the usual legal path is a court proceeding to declare parentage so probate can distribute the estate correctly.

Relevant Hawaii law and resources

• Hawaii Revised Statutes — Chapter 560 (Intestate Succession): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS_0560/.
• Hawaii State Judiciary — probate and self-help resources: https://www.courts.state.hi.us/self-help/probate.
• Hawaii Department of Health — Vital Records (birth certificates, paternity acknowledgments): https://health.hawaii.gov/vitalrecords/.

Typical timeline and practical points

Expect the process to take weeks to months depending on whether you can obtain voluntary documents (AOP, amended birth record) or must pursue court-ordered DNA and hearings. Probate deadlines can be strict; act quickly once you learn of the death or probate filing. If the estate is small, there may be an abbreviated process, but you still should secure a legal determination of parentage before distributions are made.

Helpful Hints

• Gather evidence before filing: old letters, cards, photos showing the relationship, school and medical records, financial support records, and any government or military records listing the parent.
• Ask the Department of Health if a voluntary acknowledgment of paternity exists or if the birth certificate can be corrected: https://health.hawaii.gov/vitalrecords/.
• Consider court-ordered DNA testing if the other side disputes biological parentage; courts often accept accredited-lab results ordered through the court system.
• File a petition with the probate court quickly if an estate is open. If necessary, file a parentage action in family or circuit court asking for a declaration of parentage to use in probate proceedings.
• Keep copies of all filings and certified court orders. Probate officers and banks will often require certified orders or court letters before releasing assets.
• Talk to a probate or family law attorney early. An attorney can help with filing the right petitions, requesting DNA testing, and presenting evidence so the court can make the necessary finding.
• If you cannot afford an attorney, check Hawaii Legal Aid or court self-help services for guidance on forms and procedures: https://www.courts.state.hi.us/self-help.