Short answer
If you believe a will is forged, act quickly: preserve the original document and other evidence, contact the probate court where the will was or will be filed, and consult an attorney experienced in probate litigation. You can file an objection (a will contest) in Wyoming probate court and seek to exclude the forged instrument from probate; criminal charges for forgery are also possible.
Detailed answer — how challenging a suspected forged will works in Wyoming
1. Grounds to challenge a will
A person may ask the probate court to refuse to admit a will to probate if there are legal reasons to believe it is invalid. Common grounds include:
- Forgery of the testator’s signature or the entire document.
- Improper execution — required formalities (signatures, witness rules) were not followed.
- Lack of testamentary capacity — the testator did not understand the nature of the act or its consequences.
- Undue influence — someone coerced the testator into signing or changed the testator’s intent.
- Revocation — a later valid will or act revoked the document.
2. Key immediate steps to protect your position
- Preserve the original will. The original signed document is the most important evidence. Do not alter it. If the original is already with the probate court or an attorney, notify them you believe it is forged.
- Document and collect evidence. Take photos of any copies you have, get names and contact information for witnesses, and preserve related documents (letters, emails, medical records, financial statements, bank records, checks, and phone records).
- Do not destroy or alter evidence. Avoid discussing or disposing of estate property without court permission.
- Contact the probate court clerk. Ask whether a will has been presented and what the filing timeline is so you can meet any deadlines to object.
- Report suspected criminal activity. Forgery is a crime. You may file a police report or contact the county attorney; criminal investigation can coexist with a civil/probate contest.
- Get counsel. Hire a Wyoming attorney experienced in probate litigation as soon as possible. They can advise on local procedures, deadlines, and evidence strategy.
3. How a will contest usually proceeds in Wyoming
Procedures vary by county, but the basic path is:
- Someone petitions the probate court to admit the will. If you oppose, you file a written objection or a formal contest in that probate case.
- The court schedules a hearing. Parties exchange evidence and witness lists. You may subpoena witnesses, request documents, and obtain expert opinions (for example, handwriting or document-forensics).
- The court decides whether the will was validly executed and whether the document is genuine. If the court finds forgery or other invalidating facts, it can refuse to admit the will, and the estate will distribute under an earlier valid will or under Wyoming intestacy rules.
4. Standard of proof and evidence
In most civil probate contests, the contestant must prove invalidity by a preponderance of the evidence (more likely than not). Typical evidence used in forgery contests includes:
- Original document and any available copies.
- Known authentic signatures of the decedent for handwriting comparison.
- Witness testimony about signing circumstances or the testator’s capacity.
- Forensic analysis from handwriting experts or document examiners (ink, paper, signature dynamics).
- Medical records or doctors’ testimony concerning the testator’s mental state at signing.
- Communications showing who controlled the testator or isolated them from advisers.
5. Criminal investigation and civil remedies
Forgery may lead to criminal prosecution (possible arrest and penalties) in addition to the civil contest in probate court. Criminal cases can produce evidence useful in the probate contest. Civil remedies include having the forged will excluded, having a prior valid will admitted, or distribution under intestacy. In some cases, responsible parties may face civil liability for conversion, breach of fiduciary duty, or fraud.
6. Time limits and urgency
Deadlines to challenge a will can be short. You generally must act promptly once a will is filed for probate or when you learn of it. Even if a will has already been admitted, courts allow post-admission attacks in some circumstances (for example, newly discovered evidence of forgery), but relief is harder to obtain the longer you wait. Contact the county probate court clerk and an attorney immediately to confirm any filing deadlines and preserve your rights.
7. Practical litigation steps and costs
Expect discovery (document requests, depositions), expert fees (handwriting/document examiners), and motion practice. Contested will litigation can be expensive. An attorney can evaluate the strength of your forgery claim, the expected costs, and whether alternative dispute resolution (mediation) might work.
8. Where to find Wyoming probate and court procedure information
For official Wyoming court and probate information, consult the Wyoming Judicial Branch: https://www.courts.state.wy.us/. For statutes and state law resources, visit the Wyoming Legislature website: https://wyoleg.gov/. These sites provide links to local court rules, probate forms, and statute text.
Reminder: local rules and procedures vary by county, so get county-specific guidance early.
Helpful Hints
- Act fast. Timely objections preserve legal rights and evidence.
- Keep the original will safe. If you have it, do not make marks or photocopy over signatures before speaking with counsel.
- Write down what you know right away: who was present at signing, dates, and suspicious behavior.
- Collect corroborating documents: medical records, emails, bank transfers, and phone records that suggest manipulation, sudden changes, or incapacity.
- Preserve electronic evidence. Save emails, texts, deleted messages, and social media screenshots with metadata when possible.
- Consider both civil and criminal routes. A criminal investigation can strengthen the civil case; civil relief can protect estate assets quickly.
- Don’t delay hiring a probate litigator. They’ll advise whether to seek immediate court orders (like temporary restraining orders) to stop distributions while the contest proceeds.
- Be prepared for a contested process. Costs and timelines vary—your attorney can estimate the likely path given the facts.