Detailed Answer
If you believe a will is forged in Connecticut, you can challenge its validity through the probate process and, in some cases, by involving criminal authorities. The general path is: (1) preserve evidence and obtain a copy of the will and related probate filings; (2) file a contest or objection in the Probate Court where the will was filed; (3) develop and present proof of forgery (document examination, witness statements, chain-of-custody defects, suspicious notarization, or other irregularities); and (4) pursue appeals or parallel criminal complaints if appropriate.
Connecticut’s Probate Courts handle will admissions and contests. Start at the Probate Court where the decedent’s estate was opened. The Connecticut Judicial Branch provides information about probate court locations and procedures: https://www.jud.ct.gov/probate/. The statutory framework governing probate matters is found in Connecticut General Statutes, Title 45a (Probate Courts): https://www.cga.ct.gov/current/title_45a.htm.
How contests typically work in Connecticut
Someone with a legal interest in the estate (an “interested person”) may object to the probate of a will. When you file an objection or contest with the Probate Court, the court may hold a hearing to resolve factual questions. If the Probate Court admits the will despite your objection, you usually have the right to appeal that decision to the Superior Court under the statutory appellate process for probate matters. Because rules and timing can be strict, acting promptly is essential.
Types of evidence useful in a forgery challenge
- Original will document (or certified copy) and any drafts.
- Handwriting or signature analysis from a qualified forensic document examiner.
- Testimony or affidavits from witnesses who knew the decedent’s writing habits or who observed signing events.
- Notary records, witness affidavits, or sign-in logs (if signing occurred at a facility or attorney’s office).
- Evidence of improper influence or suspicious circumstances (e.g., sudden change in beneficiaries, secrecy around signing, or lack of knowledge by close family).
- Electronic records (emails, texts, calendar entries) that contradict the will’s timeline or show manipulation of documents.
Criminal aspects
Forgery can also be a crime. If the will was forged, consider reporting the matter to local law enforcement or the state police. Connecticut’s criminal law on forgery appears in the criminal statutes; see Connecticut General Statutes, Title 53a (Criminal Offenses): https://www.cga.ct.gov/current/title_53a.htm. A criminal investigation can produce evidence useful in the civil/probate contest, but the criminal process is separate from probate litigation.
Practical steps to take right away
- Get a certified copy of the will and the probate file from the Probate Court that admitted the will. The Probate Court website lists how to request records: https://www.jud.ct.gov/probate/.
- Preserve physical evidence. Keep the original documents, any copies, emails, and notes about conversations or events related to the will.
- Identify witnesses who can testify about the decedent’s signing ability, signature style, or the circumstances of signing.
- Contact a forensic document examiner to evaluate signatures or handwriting if you suspect a forgery.
- File your objection with the Probate Court as soon as you can. Probate rules and deadlines can be short. If the Probate Court denies your objection, you may need to pursue an appeal in Superior Court.
- Consider contacting law enforcement if you have reason to believe a criminal forgery occurred.
Possible outcomes
- The Probate Court finds the will invalid and refuses to admit or revokes probate, so the estate is distributed under a prior valid will or intestacy rules.
- The Probate Court admits the will despite objections; you may appeal to the Superior Court for de novo review or next-step remedies.
- Separate criminal charges for forgery or related crimes may be brought by prosecutors if the evidence warrants.
When to hire an attorney
Contesting a will—especially for alleged forgery—often requires specialized evidence, procedural filings, and courtroom advocacy. Consult an attorney who handles Connecticut probate litigation when:
- Deadlines for filing a contest are near or unclear.
- You need to obtain subpoenas, expert witnesses, or preserved records from banks, notaries, or attorneys.
- The case involves complex facts, large assets, or serious family conflict.
For information about probate forms and self-represented litigant resources, see the Connecticut Probate Court pages: https://www.jud.ct.gov/probate/.
Statutory references and resources
- Probate rules and general statutory framework: Connecticut General Statutes, Title 45a (Probate Courts): https://www.cga.ct.gov/current/title_45a.htm.
- Criminal statutes relevant to forgery and false instruments: Connecticut General Statutes, Title 53a: https://www.cga.ct.gov/current/title_53a.htm.
- Connecticut Judicial Branch — Probate information and contacts: https://www.jud.ct.gov/probate/.
Important: Procedures and timelines vary by case. The links above provide official starting points for forms, local court contact information, and statutory text.
Helpful Hints
- Act quickly. Probate and appeal deadlines are strict. Delay can forfeit your rights to challenge the will.
- Document everything. Write down who told you what, when, and where. Preserve electronic messages and photographs.
- Get a certified copy of the will and the probate file as soon as possible. Those documents show what was submitted and when.
- Use a qualified forensic document examiner for signature issues. Their reports carry weight in court but require proper handling of originals.
- Talk to witnesses early. Memories fade, and witnesses may move or become unavailable.
- Keep criminal and probate steps coordinated. Evidence gathered for a criminal probe can help your contest, but prosecutors may control access to some materials while an investigation is active.
- Ask the Probate Court clerk for procedural guidance, but do not rely on clerk advice as a substitute for legal counsel.
- If costs are a concern, ask potential attorneys about contingency arrangements, limited-scope representation, or referrals to legal aid programs that handle estate disputes.
Disclaimer: This article explains general Connecticut law and common procedures. It is educational only and not legal advice. For guidance tailored to your situation, consult a licensed Connecticut attorney.