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Short overview: If you believe a will is forged, act quickly. In South Dakota the probate court controls whether a will can be admitted and whether the estate’s property can be distributed. You can ask the probate court to refuse admission of the document, to set aside an already-admitted will, or to open a criminal investigation for forgery. This article explains the common legal grounds, the evidence courts look for, the steps to take in South Dakota, and practical tips for working with an attorney.

1) What legal reasons let a court throw out a will?

Common legal grounds to challenge a will include:

• Forgery: The signature or the entire document was created without the testator’s authorization.
• Lack of proper execution: The will wasn’t signed or witnessed according to South Dakota law (formal will requirements).
• Undue influence: Someone coerced or manipulated the testator into signing a will that does not reflect the testator’s true intent.
• Testamentary incapacity: The testator lacked the mental capacity to understand the nature and effect of the will when it was signed.
• Fraud or mistake: The testator was misled about the document’s nature or contents.

2) Where do these disputes get decided in South Dakota?

Will contests and probate matters are handled in the county probate court where the decedent lived at death. South Dakota follows the Uniform Probate Code framework (look under SDCL Title 29A for probate and will rules). For statute text and more on probate procedure, see the South Dakota Codified Laws (Title 29A): SDCL Title 29A — Uniform Probate Code.

3) What evidence will convince a court that a will is forged?

Evidence commonly used in forgery and will-contest cases:

• Original will (or a copy) and any earlier wills for comparison.
• Known handwriting samples or signatures of the decedent (e.g., checks, letters, prior wills).
• Testimony from witnesses who saw the signature or the signing event (if any).
• Forensic handwriting analysis reports comparing signatures and handwriting elements.
• Document metadata (for electronically created documents), paper, ink analysis, or other physical evidence showing irregularities.
• Evidence of suspicious circumstances (e.g., sudden new will shortly before death, person who benefits had exclusive access to decedent, missing original will that later appears, or unusual altering of pages).
• Medical records showing the testator’s cognitive condition at the time of signing.

4) Step-by-step practical process to contest a suspected forged will in South Dakota

1. Immediately preserve evidence. Secure any originals, copies, emails, or devices. Photograph documents and note where and when you found them.
2. Do not alter the will or let others dispose of it. If the probate process hasn’t started, file a written caveat or notice with the county probate court to prevent admission of the will until review (ask the clerk what local form or procedure to follow).
3. Contact local law enforcement if you believe a crime (forgery) has occurred. Forgery can be both a criminal offense and a ground for civil probate relief.
4. Consult a probate attorney as soon as possible. A lawyer will evaluate the evidence, explain timelines, and file the proper pleadings (an objection to probate, a petition to remove or set aside the will, or other motions your county court requires).
5. File a will contest or objection with the probate court. If the will has been filed for probate, you typically must file a formal written objection or contest in the probate case. If you miss initial deadlines, discuss with counsel whether any equitable relief remains.
6. Serve parties and engage discovery. After filing, you will exchange evidence, take depositions, order handwriting experts, and subpoena relevant records (medical files, telephone records, emails, bank records showing suspicious transactions).
7. Attend court hearings or trial. Probate judges weigh witness credibility, forensic reports, and circumstantial evidence. The court will rule whether to admit or deny the will and whether to invalidate it.
8. Enforce or appeal the court’s ruling if necessary. If the decision goes against you, discuss appeal rights and timelines with your attorney promptly.

5) Timing and deadlines — act quickly

Deadlines in probate matters are often short. Notices of probate, publication requirements, and procedural time limits can start running as soon as a will is filed. Even if you think there is a long-term window, waiting can allow the estate to distribute assets and make evidence harder to obtain. Contact an attorney immediately to learn county-specific deadlines and to preserve your rights.

6) Burden of proof and likely outcomes

In a will contest, the person challenging the will bears the burden of proving the will’s invalidity (commonly by a preponderance of the evidence). If you succeed, the court may refuse to admit the forged will, admit an earlier valid will, or distribute the estate according to intestate succession if no valid will exists. If criminal forgery is proved, the matter may be referred to prosecutors.

7) Costs and practical considerations

• Expect attorney fees, expert fees (handwriting experts, medical experts), court costs, and discovery costs. Fees can be substantial in contested probate litigation.
• Some attorneys may take probate litigation on hourly terms; contingency fee arrangements are less common in will contests but sometimes possible in related civil claims.
• Weigh costs against the value of the estate and the likelihood of success before committing to long litigation.

8) When to involve law enforcement

Call local police or the county sheriff if you have clear evidence of a crime (a forged signature, a person caught falsifying signatures, or documentary fabrication). Law enforcement can open a criminal investigation and forward the case to prosecutors if warranted. Keep the probate court informed if you are waiting on a criminal investigation, but do not rely solely on criminal authorities to protect your civil rights in probate.

9) Where to read South Dakota law

South Dakota codified probate statutes are organized under Title 29A (Uniform Probate Code). For statute language and procedural rules, start at the South Dakota Legislature statute pages: SDCL Title 29A. For local probate court procedures and forms, check the county court clerk’s office where the decedent lived, or the South Dakota Unified Judicial System: ujs.sd.gov.

Helpful Hints

• Preserve originals: Do not sign, tear, mark, or photocopy the original will more than once; preserve chain-of-custody details (who had it and when).
• Document the scene: Take clear photos of the will, envelopes, and any surrounding materials; save emails, texts, and voicemail that mention the will or signing event.
• Collect comparators: Obtain multiple genuine handwriting samples for comparison—signed bank checks, past medical forms, or earlier wills are useful.
• Talk to witnesses early: Memories fade. Get written statements from anyone who saw the testator sign documents or who was present in the testator’s final months.
• Ask the court about a caveat or emergency hearing: If distributions are imminent, ask the clerk about emergency steps to pause probate.
• Be careful on social media: Public accusations can complicate litigation. Share facts privately with your lawyer first.
• Consider mediation if appropriate: Some will contests settle faster and cheaper through mediation than a full trial.
• Keep a clear timeline: Write down dates of signing, medical incidents, visitors, banking transactions, and discovery of the will. Judges rely on chronological detail.