How to challenge a suspected forged will in Illinois: clear steps and what to expect

Disclaimer: This article is for informational purposes only and is not legal advice. I am not a lawyer. Laws and procedures vary; speak with a licensed Illinois attorney about your situation.

Detailed Answer

Overview: what a will contest in Illinois looks like

If you believe a will is forged, you can ask the probate court to refuse to admit that instrument or to remove it from a pending probate. Illinois law controls probate procedure through the Probate Act of 1975 (see 755 ILCS 5). Probate courts decide whether a will is valid. A contested will case tests whether the document was properly executed and genuinely signed by the decedent, and whether other defects (lack of capacity or undue influence) exist.

See the Illinois Probate Act here: 755 ILCS 5 — Probate Act of 1975.

Who can challenge a will

An “interested person” can challenge a will. That typically includes beneficiaries, heirs at law, executors named in an earlier valid will, and sometimes creditors. If you have a financial or legal interest that the will affects, you likely qualify to file a contest in the county probate court where the decedent lived.

Grounds to challenge: forgery and related claims

Forgery — you claim the signature was not the decedent’s or the signature was created fraudulently.
Lack of testamentary capacity — the decedent lacked the mental ability to sign the will.
Undue influence — someone improperly pressured the decedent to sign or change the will.
Defective execution — the will was not signed or witnessed according to Illinois formalities.

Immediate practical steps to take

Do not handle or alter the original will. Preserve the original document and any envelopes it came in.
Obtain a certified copy of the death certificate and a copy of the document that was submitted for probate. You can request the probate court file once probate has been opened.
Talk to an Illinois probate attorney quickly. Probate deadlines are strict and differ by county and claim type.
Collect evidence: photos of the will, other known genuine signatures of the decedent, contemporaneous medical records, emails, texts, witness names, and any communications that suggest forgery or pressure.
Preserve electronic evidence and paper trails (emails, scanned copies, drafts). Note where the will was found and who had access to it.

Filing a will contest in Illinois probate court

You generally start by filing a formal petition or objection in the probate case where the will was offered for admission. Depending on timing, you may:

File an objection to admission of the will if it is being presented for probate.
File a petition to revoke probate if the will was already admitted and you later discover fraud or forgery.
Ask the court for a temporary restraining order or injunction to stop distribution of assets while your challenge proceeds.

Proof and procedures the court will expect

To prove forgery, you will typically gather:

Handwriting and signature analysis by a qualified forensic document examiner.
Testimony from witnesses who can say whether the decedent signed the document or lacked capacity.
Evidence of chain of custody or suspicious circumstances (who found the will, where it was stored, unusual beneficiaries, last-minute changes).
Medical and mental-health records showing incapacity, if relevant.

Probate judges evaluate credibility and the weight of evidence. In many will-contest claims, the challenger must produce convincing proof that the instrument is invalid. Because standards and burdens vary by claim, an attorney can describe the specific proof needed in your county.

Criminal aspects: reporting forgery

Forgery of a will may also be a crime in Illinois. If you believe a will was forged, you can report the matter to local law enforcement or the county state’s attorney. Criminal investigation runs separately from the probate contest and can produce evidence useful in the civil probate case.

See the Illinois Criminal Code here: 720 ILCS 5 — Illinois Criminal Code of 2012.

Timing and deadlines — act quickly

Time matters. Probate procedure includes strict notice and limitation rules. If you delay, you can lose rights to contest a will or stop distributions. Contact a probate attorney as soon as you suspect forgery so they can check deadlines and seek emergency court relief if needed.

Possible outcomes

The court finds the will forged or invalid and refuses to admit it; the decedent’s estate then follows the valid prior will or intestacy law.
The court upholds the will and allows probate to proceed.
The court orders remedies such as removal of the personal representative, damages, or referral to criminal authorities.

Helpful Hints

Act quickly. Probate contests have short windows and delays can be fatal to a challenge.
Preserve the original will and any documents that show the decedent’s normal signature and writing style.
Limit discussions about the will with other beneficiaries to avoid creating disputes or giving up claims.
Get a forensic document examiner early if forgery is suspected; their analysis can guide settlement vs. litigation decisions.
Consider both civil and criminal routes: a criminal investigation can strengthen your civil probate claim, but it is separate and controlled by prosecutors.
Request a copy of the probate court’s file right away. Filings there may reveal when and by whom the will was submitted and who has been notified.
Keep a written timeline of all relevant events: when the decedent last executed a prior will, who was present when this will was signed (if anyone), and any sudden beneficiary changes.
Consult a probate attorney licensed in Illinois. They will explain local court rules, deadlines, and how best to preserve and present evidence.

If you want, provide a short summary of what you know (who the decedent is, where the will was filed, and why you believe the signature or document is forged), and a local Illinois probate lawyer can advise next steps and filing deadlines.