Challenging a Suspected Forged Will in Colorado — How to Get a Will Thrown Out | Colorado Estate Planning

Detailed Answer: Challenging a Suspected Forged Will in Colorado

Short overview: If you suspect a will is forged, act quickly. In Colorado, a will admitted to probate can be challenged in the county probate court where the estate is being administered. You will need to present evidence and follow court procedures. This article explains the common legal grounds, practical steps, evidence to collect, and courtroom procedures you are likely to face.

Who can challenge a will?

Only an “interested person” can challenge a will in Colorado. That generally includes heirs, beneficiaries under an earlier will, surviving spouse or other people who would inherit if the will is invalid. If you are unsure whether you are an interested person, ask the probate clerk or a probate attorney quickly.

Common legal grounds to challenge a will

Forgery or forged signature: You claim the decedent’s signature or the entire document was forged.
Improper execution: The will was not signed or witnessed in the manner required by Colorado law.
Lack of testamentary capacity: The decedent lacked the mental ability to make a valid will when the document was signed.
Undue influence: Someone coerced the decedent into signing the will or manipulated them into changing beneficiaries.

Where to start — immediate practical steps

Act fast. Probate timelines can be short and critical evidence can disappear. Contact the county probate court clerk where the decedent lived to learn whether a will has been filed and whether a probate case is open.
Get copies of the will and probate file. Request certified copies of the filed will, petition for probate, and any inventories or filings. Keep original documents you already have safe and unaltered.
Preserve evidence. Save electronic messages, letters, bank statements, copies of earlier wills, and any originals. Photograph original documents and the envelope they arrived in. Record names and contact information of anyone with knowledge about the signature, execution, or circumstances at the time it was signed.
Create a timeline. Put together a chronological timeline of the decedent’s health, relationships, and financial changes prior to death. This helps show capacity or undue influence patterns.
Consider criminal referral. Forgery is also a crime. Contact the district attorney or law enforcement if you have evidence a crime occurred; they may investigate in parallel. Colorado criminal law and local prosecutors handle forged documents as offenses against the person and property of the decedent.
Hire a probate litigator. Will contests involve strict procedural rules and evidentiary standards. An attorney experienced in Colorado probate litigation can file the appropriate objections and seek interim court orders to protect assets while the dispute is resolved.

How a formal challenge works in Colorado probate court

When a will is filed for probate the court will typically either admit the will or set a hearing. To challenge a will you or your attorney will file a formal objection or contest in the probate case. Common procedural steps include:

Filing a written objection or contest: This explains the legal grounds (forgery, lack of execution, incapacity, undue influence) and the facts supporting them.
Requesting temporary protections: You may ask the court to impound the original will, place a hold on asset distributions, or appoint a neutral personal representative while the contest is pending.
Discovery and expert evidence: Expect written discovery, depositions, and expert evidence such as handwriting analysis, forensic document examination, medical records and testimony on capacity, and financial records showing suspicious transfers.
Hearing and trial: The court will hold hearings on contested issues. If the case does not settle, it proceeds to trial where each side presents evidence. The judge decides whether the will is valid.

Evidence and experts that are often decisive

Handwriting and signature analysis: For forgery claims, courts commonly admit testimony from forensic document examiners comparing known signatures to the disputed signature.
Witness testimony: Testimony from people present when the will was signed or who interacted with the decedent near the time of execution.
Medical records and physician testimony: To prove lack of capacity or that the decedent suffered from dementia, delirium, or other impairments.
Communications and contemporaneous documents: Emails, letters, text messages, and notes that contradict the claimed intent or show planning inconsistent with the contested will.
Financial records: Unexplained transfers, new beneficiary changes, or suspicious account activity supporting undue influence or a fraudulent scheme.

Possible court outcomes

The court may find the will valid and admit it to probate.
The court may rule the will is invalid (forgery, lack of execution, incapacity) and refuse admission; an earlier valid will (if any) may be admitted instead, or the estate may pass by intestacy rules.
The will may be partly invalidated (for example, certain pages or signatures) while other parts are upheld.
Parties may settle: many will contests resolve by negotiated settlement once the risks and costs of litigation are clear.

Timing and deadlines

Deadlines for challenging a will vary depending on how the probate case is proceeding and whether you received formal notice. Because delay can bar your ability to challenge, contact the probate court or a probate attorney immediately. Review Colorado’s probate statutes for procedural rules and consult the county court’s local probate procedures.

For reference to Colorado statutes and rules governing probate and wills, see Colorado’s statutory materials on probate (Title 15): Colorado Revised Statutes, Title 15 (Probate, Guardianship, and Trust Code). For criminal aspects such as forgery, see general Colorado criminal code resources at the Colorado General Assembly website: Colorado General Assembly. For court forms and local probate procedures, consult the Colorado Judicial Branch probate resources: Colorado Courts — Probate Forms.

Costs and practical considerations

Will contests can be expensive and emotional. Expect attorney fees, expert fees (handwriting analysts, medical experts), and court costs.
Consider whether early negotiation or mediation might resolve the dispute faster and less expensively than a trial.
Criminal prosecution for forgery, if pursued by the district attorney, could strengthen a civil challenge but may follow a different timeline and standard of proof.

Helpful Hints

Do not alter or destroy the original will or related documents. Keep originals in a safe place and provide copies to your attorney.
Act quickly. Court records and witness memories fade; physical evidence can be lost.
Document everything. Write down who told you what, and preserve electronic communications and photos with timestamps when possible.
Talk to the probate court clerk to identify the case number, deadlines, and whether the will has been formally admitted.
Get a consultation with an attorney experienced in Colorado probate litigation before filing anything yourself. A lawyer can assess strength of forgery claims and advise on timing and local rules.
Consider requesting a temporary injunction or asking the court to impound the will and freeze distributions while you pursue a contest.
If you suspect criminal conduct (forgery, theft, exploitation), notify both your attorney and the local district attorney’s office so they can decide whether to open a criminal investigation.
Be realistic about costs: even strong claims can be costly to litigate. Mediation may yield a faster, less costly resolution.

Where to get more help in Colorado

Contact the county probate court clerk where the decedent lived for filing procedures and local forms. For legal representation, look for attorneys who handle probate litigation and estate disputes in Colorado. If you cannot afford an attorney, contact local legal aid or the Colorado Bar Association for referrals.

Disclaimer: This article is educational and informational only. It does not provide legal advice and does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. For legal advice about your situation, consult a licensed Colorado probate attorney.