Burden

Probate Code section 6453, subdivision (b)(2) 1 permits a child bom out of wedlock to establish a father-child relationship for intestate succession purposes by providing clear and convincing evidence that the father “has openly held out the child as his own.” In this case of first impression, we conclude that evidence of decedent’s acknowledgments of respondent as his son during his lifetime are sufficient to meet the burden imposed by section 6453, subdivision (b)(2). We affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Appellant Tara Burden appeals from an order of the probate court finding that respondent Dale Agnew, her half brother, is entitled to an equal share of *1024 the estate of their father, Gregory Allen Burden, under the laws of intestate succession. The court found by clear and convincing evidence that Gregory “openly held out” Dale as his son. 2

Dale is the son of Gregory Burden and Sally Routt. When Gregory found out that Sally was pregnant, he did not deny fatherhood and proposed marriage. Sally refused Gregory’s offer. Sally married Chris Agnew a few months before Dale’s birth in October 1971. Dale’s birth certificate names Chris as Dale’s father,…