[WSBAPT] heirship question

Sharon Rutberg sharon at salmonbaylaw.com
Mon Nov 1 11:56:24 PDT 2021


Hello, list mates -

I have an estate administration where the decedent left no surviving spouse or partner. Some of his family members were aware that he had fathered a child while in college, while not married to the mother.

We have confirmed through inquiries that this is true and have located a birth certificate. No father is named on the birth certificate. It is my understanding that the decedent's biological child is his heir under Washington law, no matter whether listed on the birth certificate, so long as the child was never adopted by another father and the decedent never terminated his parental rights. Without the name on the certificate, though, we might need a DNA test to confirm consanguinity.

Does anyone have experience with this type of situation, and can you either confirm my understanding or set me straight?

Many thanks -
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

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