Disclaimer: This article is educational only and is not legal advice. Laws change and every situation is unique. Consult a licensed West Virginia attorney before taking action.

Detailed answer — how to challenge a suspected forged will under West Virginia law

If you believe a will is forged, act quickly and follow a clear set of steps. West Virginia law on wills and testamentary formalities is found in the state code; see W. Va. Code, Chapter 41 (Wills, Trusts and Fiduciaries) for statutory background. Below is a practical, law‑oriented roadmap to preserve rights and pursue a contest.

1. Confirm whether the document has been presented or admitted to probate

• If the document has not yet been filed with the probate court, contact the county probate office or clerk immediately to learn whether a probate petition has been filed and to ask how to register an objection or file a caveat/value a contest. In West Virginia, probate matters are handled at the county level through the appropriate court office; you can find general court information at the West Virginia Judiciary site: https://www.courtswv.gov/.

• If the will has already been admitted to probate, note all deadlines or instructions on the probate order and get a certified copy of the probate file.

2. Understand the legal grounds that can invalidate a will

Common legal grounds to challenge a will include:

• Forgery of the decedent’s signature;
• Lack of testamentary capacity (the testator did not understand the nature and effect of the document when signing);
• Undue influence or coercion (someone improperly controlled the testator’s free will);
• Failure to follow required execution formalities (e.g., improper witnessing or notarization, if required); and
• Revocation (a later will or act revoked the document).

Forgery is typically proved by showing the signature or the entire document was false rather than genuinely signed by the decedent.

3. Gather and preserve evidence

Evidence is the heart of a will contest. Collect and preserve whatever you can as soon as possible:

• Obtain the original will (if possible) and certified copies of any probated documents from the probate court.
• Locate earlier wills, codicils, or estate planning documents to compare changes.
• Collect documents that demonstrate the decedent’s signature or handwriting (checks, letters, forms) for comparison.
• Preserve electronic records: emails, text messages, scanned drafts, or emails to/from the decedent about estate planning.
• Get medical records showing the decedent’s mental state near the date of the suspected forgery (if testamentary capacity is an issue).
• Identify and list witnesses, caretakers, attorneys, and others who interacted with the decedent around the time the contested document was signed.
• Preserve physical evidence (the original will paper, envelopes) and avoid altering it. Document the chain of custody—who had the document and when.

4. Use expert analysis when appropriate

Handwriting experts (forensic document examiners) can compare the signature on the will to known exemplars. Digital forensic experts can examine metadata for scanned or emailed versions. Experts also can testify about indicators of forgery, tampering, or alterations.

5. File the proper court pleadings in the right court

To formally challenge a will, you must file the correct petition in the probate proceeding or other court handling the estate. Typical actions include:

• Filing an objection to admission of the will during probate (challenge based on forgery or improper execution);
• Filing a civil will contest after probate admission (requesting the court declare the will invalid); and
• Asking the court for emergency relief if assets are being distributed (for example, a temporary restraining order or injunction to halt distributions).

Filing requirements and local procedure vary by county. Work with a West Virginia probate attorney to ensure you file the correct pleadings and observe procedural deadlines.

6. Consider criminal reporting

Forgery is a crime. If you have evidence that a will was forged, you can report it to local law enforcement or the West Virginia State Police. A criminal forgery investigation runs separately from a civil will contest but can produce evidence helpful to your civil claim.

7. Be ready for litigation and possible settlement

A will contest often leads to litigation: discovery, depositions, expert reports, and court hearings. Many cases settle before trial through negotiation or mediation. Understand potential costs, timeframes, and the emotional toll of contesting a will.

8. Burdens of proof and outcomes

The person challenging the will must prove the ground for invalidating it. Proof standards can differ by issue and stage of the proceeding. If a court finds forgery or other invalidating defect, the court can refuse to admit the document or can strike it, causing the estate to pass under a prior valid will or under intestacy rules.

Practical short checklist (what to do right now)

1. Get a certified copy of the will and probate file from the county probate office or clerk.
2. Do not alter or destroy the original document; preserve the original if possible.
3. Write down everything you know: who delivered the will, who witnessed it, when you first saw it, and any suspicious behavior.
4. Collect exemplars of the decedent’s handwriting and other relevant documents.
5. Contact a West Virginia probate litigation attorney immediately to discuss deadlines and the correct filing to stop distribution.
6. Consider filing a criminal report if you have clear evidence of forgery.

Helpful Hints

• Act fast: probate timelines can be short. Even if you are uncertain, preserve evidence and get legal advice quickly.
• Keep originals: do not sign, clean, or otherwise alter documents. Photocopy everything and note where originals are located.
• Document chain of custody: keep a log of everyone who handled the will and when they handled it.
• Get written statements early from witnesses while memories are fresh.
• Expect both civil and potential criminal processes: they are separate but can overlap in evidence and witnesses.
• Costs can be high: litigation, experts, and court fees add up. Ask your attorney about contingency options, fee structures, or fee-shifting laws that might apply.
• Consider alternative dispute resolution (mediation) as a way to resolve disputes more quickly and cheaply if appropriate.
• Understand the emotional context: estate disputes can strain family relationships—document facts and proceed defensively rather than emotionally.

Where to learn more

• West Virginia Code — Wills and related statutes: https://code.wvlegislature.gov/41/ (start here to read statutory rules on execution, revocation, and related topics).
• West Virginia Judiciary (court locations and probate resources): https://www.courtswv.gov/.
• If you suspect criminal forgery, contact local law enforcement or the West Virginia State Police (contact information is available via the state police site linked from the Judiciary or the state government directory).