## Facts

- Denis H. Griswold was born out of wedlock; his birth certificate identified John Draves as his father.
- In an Ohio paternity proceeding, Draves appeared, admitted paternity, and was ordered to pay pregnancy-related medical expenses and child support.
- Draves paid court-ordered support until Denis turned 18 but had no personal relationship or communication with Denis.
- Denis’s mother later married Fred Griswold; Denis used the Griswold surname and for years believed Fred was his biological father.
- Draves later had two other children (Denis’s paternal half-siblings), who did not learn of Denis’s existence until after Denis and Draves had died.
- Denis died intestate in 1996, survived by his wife, Norma B. Doner-Griswold, and left no issue; the estate consisted of separate property.
- Doner-Griswold, as administratrix, petitioned for final distribution claiming she was the sole heir.
- Francis V. See, a genealogist, obtained assignments of the half-siblings’ purported interests and petitioned to determine entitlement to distribution.

## Issues

1. Whether California Probate Code § 6452 bars inheritance “by or through” a nonmarital child’s natural father when the father admitted paternity in court and paid court-ordered support but lacked any social or familial relationship with the child.
2. Whether a judicial admission of paternity in a paternity proceeding satisfies the requirement that the parent “acknowledged the child” under § 6452.
3. Whether payment of court-ordered support, without personal contact, satisfies the requirement that the parent “contributed to the support or the care of the child” under § 6452.

## Decision

- The California Supreme Court affirmed the Court of Appeal.
- The court held that § 6452 did not bar the paternal half-siblings from inheriting through their father by representation.
- The court concluded the father “acknowledged the child” by appearing in the paternity case and admitting paternity.
- The court concluded the father satisfied the “support or care” requirement by paying court-ordered expenses and child support through the child’s minority.
- The surviving spouse was not the sole heir; the half-siblings were entitled to share in intestate distribution through the father’s line.

## Legal Principles

- Intestate succession and limits on inheritance are governed by statute; courts apply statutory text to effect legislative intent.
- Under Probate Code § 6452, inheritance by or through a natural parent of a nonmarital child is permitted when the parent (1) acknowledged the child and (2) contributed to the child’s support or care.
- A judicial admission of paternity in a paternity proceeding can satisfy § 6452’s “acknowledgment” requirement; the statute does not require a public or social acknowledgment.
- Payment of court-ordered child support and related expenses can satisfy § 6452’s “support or care” requirement; direct caregiving or personal contact is not required where support is proven.
- Courts will not add extra-statutory conditions (such as an ongoing relationship or disclosure to later-born family members) when the statutory criteria are met.

## Conclusion

Because the natural father admitted paternity in court and paid court-ordered support through the child’s minority, § 6452’s acknowledgment and support requirements were satisfied, and the decedent’s paternal half-siblings could inherit by representation despite the absence of any personal relationship between father and child.


Estate of Griswold, 25 Cal. 4th 904, 24 P.3d 1191 (Cal. 2001)