Disclaimer

This is educational information only and not legal advice. I am not a lawyer. For advice specific to your situation, contact a licensed Tennessee attorney who handles probate litigation.

Detailed answer — step-by-step under Tennessee practice

Below is a practical, stepwise explanation of what typically happens in Tennessee when someone believes a will is forged, and what you can do to try to get it thrown out.

1) Identify the probate court and immediately preserve the original will

If the decedent’s estate is or will be opened in a Tennessee probate court (often the county Probate Court or Chancery Court depending on county), the original will is the most important piece of evidence. If you already have the original or a copy, do not alter it. Notify the court clerk or register (and the executor named in any admitted will) that you believe the instrument is forged and that you intend to contest it.

2) Act quickly — deadlines and prompt action matter

Will contests and challenges are governed by strict procedural rules and prompt timing. If a will is admitted to probate, there are limited windows to file a formal objection or contest. Because the exact deadlines and procedures can vary by county and the stage of probate, it is critical to move quickly and ask the probate clerk how to file an objection or contest. Tennessee’s court self-help pages provide general probate guidance: Tennessee Courts — Self-Represented Litigants.

3) File the right pleading: object to probate or file a will contest

If a will has been submitted for probate, you generally file a written objection or a petition to contest the probate admission. If the will has not yet been admitted, you can petition the court to refuse admission based on forgery. The contest will ask the court to determine the will’s validity and to exclude the forged instrument from the estate file if you prove forgery.

4) Gather and preserve evidence

Key evidence in a forgery claim includes:

• The original will (if available) and all copies or drafts.
• Other known signatures of the decedent for handwriting comparison (for example, on checks, letters, medical records).
• Correspondence, emails, texts, or witness recollections about who prepared the will, where/when it was signed, and who was present.
• Medical records relating to the decedent’s mental capacity at the time the will was allegedly signed.
• Phone records and financial records showing suspicious transfers or behavior that might suggest fraud by an interested person.

5) Use experts and discovery

Probate litigation commonly uses a handwriting expert (forensic document examiner) to compare the will signature to known exemplars. Discovery (requests for documents, depositions, subpoenas) helps force production of evidence from executors, attorneys, notaries, banks, and others. A Tennessee probate litigation attorney will know how to issue necessary subpoenas and requests under state rules.

6) Potential legal theories you can plead

When arguing that a will is forged you might assert one or more of the following claims in court:

• Forgery (the signature is not the decedent’s).
• Lack of testamentary capacity (the decedent could not understand the nature and consequences of signing the will).
• Undue influence (someone improperly pressured or coerced the decedent).
• Improper execution (the signature or attestation requirements were not met).

7) Criminal remedies — reporting forgery

Forgery is a potential crime. If you have strong evidence of criminal forgery, you may report the matter to local police or the district attorney’s office. A criminal forgery prosecution is separate from the civil/probate will contest but a criminal charge or conviction can have strong evidentiary and practical consequences for the probate case.

8) Possible outcomes

Outcomes can include:

• The court finds the will forged/invalid and refuses to admit it to probate (or revokes its prior admission).
• The court upholds the will after evidence fails to prove forgery.
• The case settles (often by reformation of distributions or a financial settlement).

9) Practical considerations: costs, time, and burden of proof

Will contests can take months to years and may be expensive. The person contesting a will bears the burden of proving the instrument is invalid. Courts look to documentary and expert evidence and witness testimony. Tennessee probate litigation attorneys can often evaluate the strength of handwriting and documentary evidence before a prolonged contest.

10) Where to find Tennessee statutes and forms

State law and probate procedure govern what you must file and the deadlines. For Tennessee statutes and the official code, start at the Tennessee General Assembly’s code pages: Tennessee Code (General Assembly). For court forms, probate guidance, and self-help materials, see the Tennessee Administrative Office of the Courts: Tennessee Courts — Forms and Self-Represented Litigants.

11) Hire a Tennessee probate litigation attorney

Because will contests are fact- and procedure-intensive, an attorney with Tennessee probate litigation experience will:

• Explain applicable deadlines and the best route (objection, petition to revoke probate, or ancillary actions).
• Manage discovery, experts, and court hearings.
• Coordinate any criminal referrals if appropriate.

Hypothetical example

Suppose Jane finds a new will that disinherits her and names a caretaker as sole beneficiary. She notices the signature seems different and that no witnesses recall signing the document. Jane immediately contacts the probate clerk, preserves the original, hires a probate attorney, obtains the decedent’s prior signed documents for comparison, and files an objection asking the court to deny admission of the will. The attorney orders a handwriting analysis and issues subpoenas to the caretaker’s bank records. Based on the assembled evidence, Jane either reaches a settlement or proves to the court that the signature was forged and the will is denied probate.

Helpful hints

• Do not alter, sign, or electronically transmit the original will — preserve it exactly as you found it.
• Start the process immediately. Probate timelines and preservation of evidence are time-sensitive.
• Make written notes of who told you about the will, when you saw it, and where it was found.
• Collect exemplars: copies of the decedent’s known signatures from checks, letters, and official documents.
• Keep detailed records of communications with the executor, notary, witnesses, and anyone else involved.
• Consider both civil contest and criminal reporting; they can proceed separately.
• Ask the probate clerk what local forms are required and whether your county uses Probate Court or Chancery Court for estate matters.
• If cost is an issue, ask potential attorneys about contingency arrangements, limited-scope representation, or local legal aid referrals.
• Expect discovery and depositions. Be prepared to provide witness names and documentary evidence to your attorney quickly.