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Detailed answer — what the process looks like in New Jersey

New Jersey handles wills and probate through the county Surrogate’s Office and the state courts. If someone produces a will after a person dies, the document normally must be submitted to the county Surrogate for admission to probate. Interested persons may object to admission and ask the court to refuse probate.

Common legal grounds to oppose a will include:

• Lack of testamentary capacity — the decedent did not understand the nature and effect of the will when it was signed.
• Undue influence — someone pressured the decedent to change beneficiaries.
• Improper execution — the will does not meet statutory signing and witness rules.
• Fraud or forgery — the signature or the entire document was fabricated or altered without the decedent’s intent.

For claims of forgery specifically, the objective is to show the will is not the decedent’s authentic act. That usually requires:

• Producing the original will (or explaining why it cannot be produced).
• Comparing known authentic signatures and handwriting.
• Obtaining witness testimony about execution, signatures, and the decedent’s condition at the relevant time.
• Obtaining the decedent’s medical records, which may show incapacity or illness affecting handwriting or judgment.
• Using a forensic document examiner to compare signatures and identify alterations.

Procedurally, the typical path in New Jersey is:

1. Immediately preserve evidence. Keep the original will in a secure place. Do not alter or destroy any documents or communications.
2. Contact the county Surrogate’s Office where the decedent lived to learn whether a will has been submitted for probate. (Surrogate’s offices handle will filings and preliminary probate matters.) See the New Jersey Courts Surrogates page: https://www.njcourts.gov/courts/surrogate.html.
3. File a formal objection or a caveat with the Surrogate’s Court. This prevents the will from being admitted unopposed while you investigate. A lawyer can draft and file the proper pleading and ask the court for temporary protections.
4. Investigate and gather evidence: witnesses, handwriting exemplars, medical records, originals of other documents, and communications that show motive or fraud.
5. Retain legal and forensic help. A trial attorney experienced in contested estates and a qualified forensic document examiner increase your chances of proving forgery.
6. Litigate the contest if necessary. The Surrogate’s Court will decide whether to admit the will. If the Surrogate admits it, an appeal to the Law Division is possible; if the Surrogate refuses admission, interested parties may petition in the Law Division or Appeal as permitted by statute and court rules.

New Jersey law sets out formal requirements for wills and criminalizes forgery. For statutory background and broader probate rules, consult the New Jersey statutes and the Surrogate’s Office guidance: https://www.njleg.state.nj.us/ and https://www.njcourts.gov/courts/surrogate.html.

Times and burdens:

• Deadlines and procedural rules vary by county, the type of filing, and whether the will is already admitted. Acting quickly improves your position.
• The person seeking probate typically must show the will was properly executed. The objector bears the burden to prove a forged or invalid instrument — using evidence gathered through discovery and expert analysis.
• Contested will cases can take months to years and can involve hearings, discovery (document requests, depositions), expert testimony, and trial.

Criminal angle: Forgery is a crime in New Jersey. If the signature or document appears intentionally forged, you may also report the matter to local law enforcement or the county prosecutor. Criminal proceedings and civil probate contests use different standards and outcomes: criminal convictions require proof beyond a reasonable doubt, while civil probate outcomes rely on the court’s determination by preponderance of the evidence (or other standards set by case law).

Hypothetical example (illustrates the steps)

Suppose your aunt dies and a two-page will surfaces naming her caregiver as the sole beneficiary. The caregiver produced a photocopy to the Surrogate and claims the original is lost. The will is dated after your aunt’s dementia diagnosis and bears a signature that looks unlike the aunt’s known signature. You suspect forgery.

Practical steps in that scenario:

1. Do not accept the photocopy as final proof. Ask the Surrogate for the original and file a caveat or objection to prevent admission while you gather evidence.
2. Ask family members for letters, cards, or signed documents that show the aunt’s genuine signature at various dates.
3. Obtain the aunt’s medical records to document cognitive decline around the will’s date.
4. Hire a forensic document examiner to compare signatures and detect alterations.
5. Work with an attorney to file a formal contest and to subpoena the caregiver’s communications with the aunt and others who were present at the time of the alleged execution.
6. If evidence suggests intentional fabrication, consider reporting the matter to law enforcement so they can investigate potential criminal forgery as well.

Possible outcomes

• The court finds the will forged or invalid and refuses probate; the estate is distributed under an earlier valid will or by intestacy (statutory default distribution).
• The court admits the will after the proponent proves its validity; objectors can appeal or continue litigation, depending on the procedural posture.
• The parties settle—often through negotiation—avoiding a full trial. Settlement is common when proof is uncertain and litigation costs are high.
• Criminal prosecution of the forger is pursued by law enforcement or the prosecutor’s office if evidence supports criminal charges.

Helpful Hints

• Act fast. Preserve the original document and relevant electronic records (emails, texts, social media messages).
• Do not alter or copy the original will yourself; keep it secure and provide it to counsel or the court as instructed.
• Collect examples of the decedent’s handwriting from various times to help forensic analysis.
• Get medical records early. Hospitals and doctors may take time to produce records, and those records can be important evidence of capacity.
• Identify and record the names and contact information of anyone who witnessed the signing or who was with the decedent around the time the will was executed.
• Consider both civil and criminal routes. Civil contests can stop probate; criminal referrals can deter fraudulent behavior and produce additional evidence.
• Speak to a New Jersey probate attorney quickly. Probate practice and Surrogate procedures vary by county. A lawyer can file required pleadings, preserve rights, and coordinate experts.
• Be prepared for cost. Contested will litigation and forensic experts can be expensive. Early negotiation or mediation sometimes preserves estate value.
• Use official resources: New Jersey Surrogate’s Offices and the state courts provide forms and local rules. See the Surrogate’s page: https://www.njcourts.gov/courts/surrogate.html.
• Review New Jersey statutes and rules on probate for background at the New Jersey Legislature site: https://www.njleg.state.nj.us/.