Can Illegitimate Children Inherit in Texas?

 Posted on March 23, 2025 in Estate Planning and Administration

No matter how carefully a person plans his or her estate so that it will be as easy as possible for those left behind, life can always throw curve balls when they are least expected. Suppose your father – who, as far as you know, was happily married to your mother for 38 years and who is the father of you and your three siblings – died recently, and a total stranger shows up at the funeral claiming to be his child?

Perhaps this new member of the family is seeking his or her share of your father’s estate. What should you do? The best step you can take in this type of situation is to contact an experienced Hill County, TX estate planning attorney. This is not a time when you should skip legal advice and assistance, as a situation like this can quickly get out of hand.

Do Illegitimate Children Inherit in Texas?

Prior to 1991, illegitimate children – now known as "nonmarital" children - were not allowed to inherit from their biological parents. That year, the Texas Supreme Court changed its original decision after the U.S. Supreme Court determined that denying these rights to nonmarital children violated the Constitution. Before this reversal, paternal inheritance rights were only given to a nonmarital child if the parents married after the child was born.

The statute was amended several times before 1991, at one point allowing inheritance rights to a nonmarital child only if the father voluntarily acknowledged the child before his death. Today, if the nonmarital child is acknowledged as the decedent’s child by other heirs or is proved to be the decedent’s child through DNA paternity tests, then for the purposes of inheritance, the child is treated the same as the decedent’s other children if the decedent left no will.

There are instances where the decedent may not have known of the child’s existence.  Perhaps the mother gave birth and put the child up for adoption or never told the decedent that he or she had a child. If there is a valid will, the nonmarital child will have to petition the court to determine paternity and the right of inheritance. The statute of limitations for contesting a will is generally two years from the death.   

What is the Process of Contesting a Texas Will?

From the other side of the situation, if you are the nonmarital child of a decedent, you may not have been met with open arms when you showed up at the reading of the will or the funeral. Families are complicated. Your half-siblings may be stunned by the revelation or may simply not want to share their inheritance.

The spouse of your deceased parent is equally unlikely to welcome you into the family as you may be living proof of the decedent’s infidelity. A situation like this has so many complexities, especially if you plan on contesting the will and claiming your inheritance. There may also be grandparents, uncles, aunts, and cousins to contend with. Contesting a will in Texas involves the following process:

• Your attorney will file a petition with the appropriate Texas probate court.

• You will assist your attorney in gathering evidence to support your inheritance claim.

• If there are people who can testify on your behalf, they will be interviewed.

• A hearing will be held where your evidence will be presented, and witnesses will testify on your behalf.

Contesting a will often requires lengthy court litigation. Unless your new family welcomes you happily into the family, this process can take many months or even years.

Contact a Tarrant County, TX Estate Planning Attorney

Contesting a will based on being an heir who was not included in the will can be an uphill battle. If you are on the other side of the situation, knowing the right thing to do can be difficult. Choosing a Hood County, TX estate planning attorney from Cain & Kiel Law is a good first step. Attorney Cain is a certified mediator, the owner of Trinity Abstract & Title in Cleburne, and the mayor of Cleburne. Call 817-645-1717 to schedule your initial attorney consultation.