How to Challenge a Suspected Forged Will in Georgia

Quick disclaimer: This article explains general Georgia legal concepts and common steps people take when they suspect a will is forged. This is not legal advice. Consult a Georgia probate attorney for advice about your situation.

Detailed Answer

1. Who can challenge a will in Georgia?

Only an “interested person” can challenge a will. That typically includes heirs at law (people who would inherit if there were no will), beneficiaries named in a prior will, creditors in limited situations, or anyone who has a property or financial interest affected by the probate. If you are unsure whether you qualify as an interested person, talk to a probate attorney in your county.

2. Common legal grounds to challenge a will

Forgery of the signature or entire document.
Fraud or misrepresentation (someone tricked the testator into signing).
Lack of testamentary capacity (the testator lacked mental ability when signing).
Undue influence (someone coerced the testator).
Improper execution (statutory formalities such as witness signatures or attestations were not followed).

3. The immediate steps to take if you suspect a forgery

Preserve the original will and any copy. Do not alter, fold, or mark it.
Get the probate file. If the will has been filed for probate, request the file from the county probate court and ask whether the original or a copy was submitted.
Collect any evidence you can: emails, texts, medical records, witness names, older handwriting samples, photos, or drafts of the will.
Contact an attorney experienced in Georgia probate litigation and, if appropriate, a forensic document examiner (handwriting expert).
If there is immediate risk of assets being distributed, ask the probate court for a temporary stay or ask the executor to refrain from distributions while you prepare a contest.

4. How do you formally challenge (contest) a will in Georgia?

Procedures often start in the county probate court where the will was filed or admitted. Contest actions are usually filed as objections to probate or as separate petitions to revoke probate. A will contest is often a civil action asking the court not to admit or to revoke probate of the will. Typical steps:

File a written pleading (objection or petition) with the probate court asserting forgery and the factual basis for your belief.
Serve the pleading on the executor/representative and other interested persons per court rules.
Seek preservation orders if evidence may be destroyed (for example, an order preventing alteration or destruction of the will or relevant records).
Take discovery: obtain documents, depose witnesses, and, if needed, retain forensic experts (handwriting examiners, forensic ink or paper analysts, etc.).
If the court admits the will before the contest is resolved, the contest usually proceeds and the court may later revoke probate if forgery is proven.

5. What standard of proof applies?

For a forgery claim, courts often require stronger evidence than a simple disagreement — many jurisdictions expect clear, convincing evidence or strong preponderance evidence that the signature or document is false. Georgia criminal forgery statutes also apply if someone knowingly forged a document; criminal findings can influence a civil probate contest. See Georgia’s criminal forgery statute, O.C.G.A. Section 16-9-1 for the elements of the crime and potential penalties: O.C.G.A. §16-9-1 (Forgery). For provisions governing wills and probate practice, see Title 53 of the O.C.G.A.: O.C.G.A. Title 53 (Wills and Decedents’ Estates).

6. Typical evidence used to prove forgery

Forensic handwriting analysis comparing the signature on the will to known samples.
Demonstration that the attesting witnesses did not actually witness the signing (attestation clause inconsistencies, deposition testimony).
Paper/ink analysis showing the will was created or altered after the testator’s death.
Digital evidence such as timing of scanned copies, emails instructing someone to create a will, or edits in a digital draft.
Evidence that the person who signed lacked access, motive, or opportunity to sign legitimately.

7. Possible outcomes

The court finds the will is forged or invalid and refuses to admit it (or revokes prior probate). Instead, an earlier valid will may control, or intestacy rules may apply.
The court rejects the forgery claim and upholds the will as valid.
The court may refer the case to criminal authorities if forgery or fraud is suspected.

8. Timing and deadlines

Deadlines and specific procedural rules may vary by county and by the type of probate (formal vs. informal). Acting quickly is important because evidence can disappear, witnesses’ memories fade, and courts may authorize distributions. Even if a will is already admitted, contests are often permitted, but the process and available remedies can change after distributions occur. Consult a Georgia probate attorney immediately to learn local procedural deadlines.

9. Criminal referral

If you have evidence of forgery, you can report the matter to local law enforcement or the district attorney. A criminal forgery conviction is persuasive evidence in a civil probate contest, but a criminal prosecution is separate from the probate contest and has different burdens and outcomes.

10. Costs and practical considerations

Will contests can be expensive. Expect charges for attorney fees, expert witnesses (document examiners), court costs, and discovery expenses. Some fee-shifting may be available in limited circumstances under Georgia law or by court order, but often each side pays its own expenses unless statute or contract provides otherwise.

11. Do I need a lawyer?

Yes. Probate contests involve specialized procedure, evidence rules, and local court practices. A Georgia probate litigator will advise on the merits, help preserve evidence, handle expert retention, and represent you in court.

Helpful Hints

Preserve the original will and any related documents immediately. Do not alter or sign anything on those documents.
Write down everything you remember about the signing: date, place, who was there, and what the testator’s physical and mental state was like.
Collect other handwriting samples from the deceased (signed checks, letters) to help experts compare signatures.
Ask the probate court clerk if the will was submitted as an original or a copy and obtain certified copies of the probate file.
Do not confront alleged forgers or destroy evidence; that can complicate both criminal and civil proceedings.
If money or property is at immediate risk, ask your attorney about emergency preservation orders or asking the court to pause distributions.
Consider both civil probate remedies and criminal reports; they are separate tracks that can support one another.
Keep deadlines and local rules in mind — consult a Georgia probate lawyer quickly to avoid losing rights to contest.

Where to look for the statutes and more information

Relevant Georgia statutes include the criminal forgery statutes (see O.C.G.A. §16-9-1) and the statutes governing wills and probate in Title 53 of the Official Code of Georgia Annotated (O.C.G.A. Title 53). See these general references for starting points:

O.C.G.A. §16-9-1 (Forgery): https://law.justia.com/codes/georgia/2020/title-16/chapter-9/section-16-9-1/
O.C.G.A. Title 53 (Wills and Decedents’ Estates): https://law.justia.com/codes/georgia/2020/title-53/

Note: the official Georgia General Assembly website also provides access to the Official Code of Georgia Annotated and legislative materials: https://www.legis.ga.gov/.

Final practical checklist

Do not sign or alter the original will. Preserve it.
Get a certified copy of the probate filing from the county probate court.
Write down and preserve witnesses’ contact information and your recollection of events.
Collect other documents signed by the decedent for comparison.
Contact a Georgia probate attorney and consider a forensic document examiner.
Decide whether to file an objection in probate court and whether to notify law enforcement.

If you think a will is forged, move quickly. Evidence is time-sensitive. A Georgia probate lawyer can tell you the best immediate step for your county and situation.

Reminder: This article provides general information only and is not a substitute for personalized legal advice from a licensed attorney in Georgia.