In re Estate of Burton

Hunstein, Justice.

Lyndell Burton died intestate in February 1993. Appellee Lenn Storey, claiming to be the decedent’s out of wedlock son, applied for *123and was granted letters of administration as the sole heir at law. Appellant Allen Burton, the decedent’s brother, contested the claim. After a bench trial, the probate court ruled there was clear and convincing evidence that appellee was the decedent’s child, OCGA § 53-4-4 (c) (1) (E), and upheld that subsection against a constitutional challenge by appellant.

OCGA § 53-4-4 (c) (1) (E), which incorporates the “virtual legitimation” exception…