Detailed answer — how a challenge works in Minnesota

1. Who may challenge and where to start

Only an “interested person” (heirs, beneficiaries, or others with a financial interest under prior wills/intestacy) may file an objection in the probate court where the estate is being administered. The local probate court clerk can tell you which court is handling the will petition and how to file formal objections.

2. Common legal grounds to challenge a will

• Forgery: the signature or the entire will was fabricated or signed by someone other than the decedent.
• Lack of testamentary capacity: the decedent did not understand the nature of the act or the extent of their property when the will was executed.
• Undue influence: another person coerced or pressured the decedent into signing the will.
• Improper execution: the will does not meet Minnesota formalities for a valid will (witnessing, signature, etc.).

3. Practical steps to raise a contest

1. Act quickly. Probate filing and notice procedures create practical deadlines. If you wait too long to raise a timely objection you may lose the right to contest.
2. File a written objection or petition with the probate court where the will was offered for probate. The court docket will convert the matter to a contested probate case if the objection is accepted.
3. Preserve original documents and evidence. Do not alter, destroy, or surrender the original will or related papers without court direction.
4. Collect evidence: copies of prior wills, photographs or scans of the document, medical records showing mental state, witness names and contact info, communications (emails/texts) about the will, and any suspicious financial transfers.
5. Serve parties and use discovery: in contested probate you can use subpoenas, depositions, and requests for production to obtain testimony and documents. For handwriting disputes, a forensic document examiner may be necessary.
6. Attend hearings and, if necessary, trial. The challenger must persuade the probate court by a preponderance of the evidence that the will should not be admitted.

4. What happens if you prove forgery

If the court finds the will forged or otherwise invalid, the forged will is not admitted. The court will then consider any earlier valid will or apply Minnesota intestacy rules to distribute the estate. Minnesota probate law and the court will control what happens next; see the Minnesota probate statutes for how estates are administered:

Minnesota Probate Code (Chapter 524)

5. Criminal matters and possible referral

Forgery is also a crime. If you have evidence of criminal conduct you may contact law enforcement or the county attorney. The criminal statute covering forgery and related offenses is in the Minnesota criminal code; prosecutors decide whether to bring criminal charges:

Minnesota Criminal Code (Chapter 609)

6. Burdens, costs, and risks

Contesting a will can be expensive and emotionally difficult. If your challenge fails, you may still be responsible for certain costs and fees. Conversely, if the contest is successful, the estate may reimburse reasonable costs, and the court may address bad-faith conduct by awarding sanctions. An attorney experienced in Minnesota probate litigation can explain likely costs and outcomes in your situation.

7. Where to get help

Contact a probate litigation attorney promptly; they can file the proper documents, preserve evidence, coordinate forensic analysis, and protect your rights at hearings. If you are unsure which court is handling the estate, the county court clerk or the Minnesota Judicial Branch probate information pages can help you locate the probate file and deadlines.

Official probate information: Minnesota Judicial Branch — Probate

Helpful hints — practical actions to protect your position

• Do not alter or sign the original will. Preserve the original document and any copies.
• Make contemporaneous notes describing how you discovered the will and why you suspect forgery (dates, people present, events).
• Get names and contact details for all witnesses to the will and anyone who had access to the decedent during the relevant time.
• Secure relevant medical and care records (doctor notes, nursing home records) that speak to capacity or vulnerability.
• Copy bank records and records of transfers near the time the alleged will was created. Sudden transfers can support undue influence claims.
• Consider a forensic handwriting/signature expert early; delay can make evidence collection harder.
• Ask the probate clerk about filing deadlines and whether the will has already been admitted; time limits can be strict.
• Preserve electronic evidence (emails, texts, social media) and print or save screenshots with date/time stamps.
• Speak with a probate attorney before contacting potential witnesses en masse—an attorney can avoid jeopardizing discovery or prompting court sanctions.
• If you believe immediate harm will come from asset distribution (e.g., transfers out of estate), ask an attorney about emergency motions to freeze assets or prevent distribution while you litigate.