The Short Answer

Even though your question mentions North Carolina, under Pennsylvania law a child born outside of marriage can inherit in an intestate estate—but the key issue is usually proving the parent-child relationship, especially on the father’s side. Pennsylvania generally treats children the same for inheritance purposes once paternity is established under the statute.

What Pennsylvania Law Says

In Pennsylvania intestate succession, a person born out of wedlock is treated as the child of the mother for inheritance purposes. For inheritance through the father, Pennsylvania law requires that the father’s identity be established in one of the legally recognized ways—often involving a marriage between the parents, “holding out” plus support or receiving the child into the home, or other clear and convincing proof of paternity.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 2107.

This statute establishes when a person born out of wedlock is treated as a child of the mother (generally yes) and when they are treated as a child of the father (only if paternity is established in a statutorily recognized way, typically by clear and convincing evidence).

Related provisions can also matter in real-world estate administration, including protections for personal representatives who distribute without knowledge of a potential out-of-wedlock heir. See 20 Pa.C.S. § 3538.

If you’re specifically trying to establish inheritance rights through a father, you may also see similar paternity standards discussed in the Domestic Relations Code. See 23 Pa.C.S. § 5102 (noting legitimacy generally, but also that Title 20 controls inheritance issues).

For a deeper dive on a common scenario, you may find this helpful: proving you are your father’s child for inheritance in Pennsylvania.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even though Pennsylvania recognizes out-of-wedlock heirs, you can still lose rights if you miss estate claim deadlines or the estate is distributed before your claim is raised (and 20 Pa.C.S. § 3538 can limit remedies against a personal representative who distributed in good faith).
• Burden of Proof: Inheritance through the father can turn on whether you can meet the clear and convincing evidence standard under 20 Pa.C.S. § 2107.
• Exceptions and Fact Disputes: Families often dispute whether the father “openly held out” the child, whether support was provided, whether there was a prior paternity determination, and how other heirs’ rights are affected—issues that can quickly become Orphans’ Court litigation.

Trying to handle this alone can lead to avoidable mistakes—especially if the estate is moving forward, assets are being distributed, or other heirs are challenging your status.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.