How can I claim my share of my father's estate in Ohio?

Full question:

I am 56 years old. DNA testing established paternity. My father is now ill an not likely last past the next 3 months. I would like to claim my share of his estate. He lived in Cincinatti, OH. I live in Birmingham, AL. What do I do to initiate the process either prior to his death or after his death?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Alabama

Answer:

The steps to claim your share of your father's estate depend on whether paternity has been legally established. A DNA test alone may not suffice if there is no court order or birth certificate confirming paternity. If your father passes away without a will, you can file a claim during the probate process to receive a share of the estate under intestacy laws.

If you are not named in a will, you might not receive notice of the probate proceedings. Therefore, it’s important to check with the clerk of courts in the county where he lived to find out when the probate has been filed.

In many states, establishing paternity is done through a civil lawsuit. Only specific individuals can initiate a paternity action, including the child, the mother, or a personal representative of the child. As an adult child, you can file for paternity if it hasn’t been established. Many states allow a certain period after reaching the age of majority to seek paternity (usually one to five years).

If a paternity action is filed, the court will review it to determine if a paternity test is necessary. If ordered, the mother, child, and alleged father must be tested at a designated facility. A court's decision on paternity is final, and you will need a copy of the court order to establish your rights to the estate.