Jan12026
Probate Q&A Series

What documents or DNA evidence do I need to establish paternity for inheritance, and who covers the cost? – North Carolina

Short Answer

In North Carolina, paternity for inheritance is usually proven with a prior court order establishing paternity, a written acknowledgment of paternity that was properly signed and filed during the father’s lifetime, or (in some situations) genetic testing that meets North Carolina’s evidence rules. If paternity is being established after the alleged father has died, North Carolina law can require genetic testing in a contested case and imposes strict filing deadlines. The party who asks the court to order genetic testing typically pays up front, but the judge can later decide whether to treat those expenses as court costs and shift them.

Understanding the Problem

Under North Carolina probate law, the key question is: can a person claim an inheritance through a deceased biological parent when parentage was never legally established during the parent’s lifetime? This issue often comes up when the deceased person’s estate is being handled by a Clerk of Superior Court and the personal representative must identify the legal heirs. The decision point is whether North Carolina recognizes parentage for inheritance based on documents already in existence, or whether a separate paternity proceeding (often involving genetic testing) must be filed on a deadline tied to the death and the estate administration.

Apply the Law

In North Carolina, an individual generally inherits from a biological father through intestacy only if paternity was established in a legally recognized way. For inheritance purposes, the most common paths are (1) a prior adjudication of paternity (for example, a civil paternity judgment), (2) a qualifying written acknowledgment of paternity that was executed and filed as required, or (3) paternity recognized in the decedent’s will. When paternity is pursued after the alleged father’s death, North Carolina imposes strict timing rules and, in contested cases, requires blood or genetic marker testing to prove paternity.

Key Requirements

  • A legally recognized basis for paternity: Typically a prior paternity judgment, a properly executed and filed written acknowledgment, or paternity acknowledged in a will admitted to probate.
  • Proof level that meets North Carolina’s standard: A civil paternity case requires “clear, cogent, and convincing” evidence; genetic test results can create presumptions depending on the probability level.
  • Meeting the probate and paternity timing rules: When the alleged father is deceased, North Carolina limits when a paternity action may be started and also requires a separate probate notice step to preserve inheritance rights in many cases.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a situation where parentage was assumed but later questioned, and the biological parent has already died. Under North Carolina law, that typically shifts the focus to (1) whether any existing documents already establish paternity for inheritance (such as a prior paternity judgment, a filed written acknowledgment, or a will that acknowledges the child), and (2) if not, whether a paternity action can still be filed on time after death. If the estate is contested and the paternity case is brought after the alleged father’s death, North Carolina generally requires genetic testing evidence rather than relying only on family statements.

Process & Timing

  1. Who files: The person claiming to be the decedent’s child (or their attorney). Where: A civil paternity action is filed in North Carolina District Court; the inheritance issue is handled in the estate proceeding before the Clerk of Superior Court in the county where the estate is administered. What: A civil complaint to establish paternity typically includes a certified copy of the claimant’s birth certificate as an attachment. When: If the alleged father has died, the paternity case must be started within the limited time windows allowed by North Carolina law, which can be as short as one year after the date of death in some situations.
  2. Genetic testing step: A party can ask the court to order blood or genetic marker testing. In a civil case, the court generally requires the requesting party to pay the testing costs up front, and the court can later decide whether to tax those expenses as costs.
  3. Probate notice step: Even if paternity is established (or is being pursued), North Carolina practice often requires a separate written notice of claim of succession to the personal representative within a short probate deadline tied to the estate’s notice to creditors. Missing that notice deadline can jeopardize the inheritance claim even when biological parentage is real.

Exceptions & Pitfalls

  • Relying on informal proof: Family stories, photos, or social media messages may help explain the situation, but they often do not replace the formal proof North Carolina requires—especially after death and in contested cases where genetic testing may be mandatory.
  • Not using court-admissible DNA testing: At-home DNA kits usually do not satisfy chain-of-custody requirements. Court-ordered or legally collected testing with documented chain of custody is far more likely to be admissible.
  • Missing the “after death” filing window: North Carolina limits when a paternity action may be filed after the alleged father dies. Waiting to “see what happens in probate” can cause the deadline to pass.
  • Missing the probate notice requirement: North Carolina practice can require a notice of claim of succession to the personal representative within a short deadline after the estate’s notice to creditors. This is separate from proving paternity.
  • Out-of-state complications: When the death, assets, and heirs are spread across jurisdictions, the estate may involve additional procedures (including possible ancillary administration for property located elsewhere). That can affect timing and where documents must be filed.

Conclusion

In North Carolina, paternity for inheritance is usually established through a prior paternity judgment, a properly executed and filed written acknowledgment, or paternity acknowledged in a will; when paternity is pursued after the alleged father’s death, the law imposes strict time limits and can require genetic testing in a contested case. The party requesting court-ordered genetic testing generally pays up front, and the judge may later treat that expense as a taxable court cost. The most important next step is to file the appropriate paternity action in time—often within one year of death—and coordinate that filing with the estate proceeding.

Talk to a Probate Attorney

If a deceased parent’s estate may include assets and paternity needs to be proven for inheritance, experienced attorneys can help identify the right documents, request admissible genetic testing, and track the deadlines that can bar a claim. Call today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.