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Determining Heirs in a Probate Proceeding

While rare, there is a procedure in the probate code to determine whether an individual is the child of a deceased person for purposes of probate inheritance and succession. Obviously, it typically only comes into play when there is uncertainty regarding paternity. 

Assuming there is not a marriage or other legal presumption of a parent-child relationship, there is an infrequently utilized procedure for establishing paternity in Section 474.060, RSMo that may be applicable. To demonstrate a parent-child relationship and/or heirship under this procedure, the purported heir must establish (1) the paternity of the purported father, (2) show that the father openly treated the heir as his child and (3) demonstrate that the father did not refuse to support the child. In re Estate of Davis, 250 S.W.3d 768 (Mo. Ct. App. 2008). 

Contact regarding probate matters.