The Short Answer

In Pennsylvania, you may still be able to inherit from your father even if he is not listed on your birth certificate—but you generally must establish paternity under the Probate Code using the legal standards that apply to children born out of wedlock. The key is whether you can meet the statute’s requirements (often involving clear and convincing evidence), which can become contested quickly in probate.

What Pennsylvania Law Says

When someone dies without a will (or when a will doesn’t fully control who receives property), Pennsylvania’s intestacy rules determine who inherits. For a person born out of wedlock to inherit through the father’s side, Pennsylvania law focuses on whether the father’s identity is legally established through one of several recognized pathways—such as marriage of the parents, the father openly holding the child out as his and receiving the child into his home or supporting the child (proved by clear and convincing evidence), or other clear and convincing evidence of paternity (which can include a prior court determination).

The Statute

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

This statute establishes that a person born out of wedlock is treated as the father’s child for inheritance purposes only if paternity is established in one of the statute’s specified ways, including by clear and convincing evidence.

Also, Pennsylvania law recognizes that estate administration can move forward unless the personal representative has knowledge or receives notice of a potential out-of-wedlock child with inheritance rights—so timing and notice can matter in real-world probate disputes. See 20 Pa.C.S. § 3538.

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: Estates can be opened, administered, and distributed before you ever learn about them. Pennsylvania law can protect a personal representative who distributes in good faith without knowledge/notice of an out-of-wedlock child’s claim, which can make delay costly. (See 20 Pa.C.S. § 3538.)
• Burden of Proof: Inheritance through the father commonly turns on whether you can present clear and convincing evidence under 20 Pa.C.S. § 2107. What counts as “clear and convincing” can be heavily disputed by other heirs.
• Exceptions and Disputes: Other heirs may challenge paternity evidence, argue the estate has already been properly distributed, or dispute whether the statutory criteria were met (for example, whether the father “openly held out” the child and provided support).

Because paternity-for-inheritance issues can trigger litigation, evidence fights, and high financial stakes, it is easy to make a misstep that limits your ability to recover what you may be entitled to. An attorney can evaluate whether your facts fit 20 Pa.C.S. § 2107, identify the strongest proof, and address the probate court process without putting your claim at risk.

If you’re also dealing with incorrect family/heir information in the probate filings, you may find this helpful: How Can I Correct Wrong Heir/Sibling Information in Pennsylvania Probate Paperwork?

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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.