Detailed Answer — What to know and what to do

If you believe a will is forged, act quickly. In Indiana, wills and estate disputes are handled by the local probate court where the decedent lived. Challenging a will requires filing a formal court pleading and proving your claim with evidence. The basic steps and concepts below explain how the process typically works and what you will need to do to try to get the document rejected by the court.

1. Who can challenge a will?

Only an “interested person” may contest a will in probate court. Interested persons commonly include heirs-at-law (spouses, children), beneficiaries named in earlier wills, and personal representatives with standing. If you think you have an interest, contact the probate court clerk or an attorney right away so you don’t miss key deadlines.

2. Legal grounds to challenge (relevant when forgery is suspected)

• Forgery of the signature on the will.
• Improper attestation or execution (the will was not signed according to Indiana execution rules).
• Lack of testamentary capacity (decedent did not understand what they were doing).
• Undue influence or fraud that caused the testator to sign a document they otherwise would not have.

When the problem is alleged forgery, you will need evidence that the signature (or the entire document) is not genuinely the decedent’s or that someone fabricated or altered the will.

3. Where to file and the initial procedural steps

1. Locate the probate court in the county where the decedent was domiciled and determine whether a will has already been offered for probate.
2. If a probate case has been opened, file a formal contest or objection in that probate case asking the court to deny admission of the will or to revoke probate. If probate has not yet been opened, you can file a petition to oppose admission when the will is presented.
3. Serve all required parties (personal representative, beneficiaries, interested persons) according to court rules.

Indiana’s probate and will procedures are governed by the Indiana Probate Code (Indiana Code Title 29). For statute text and related provisions see the Indiana Code (Title 29 — Probate): https://iga.in.gov/legislative/laws/2024/ic/titles/29.

4. Evidence you will usually need

• Original will (or a certified copy); preserve the document and any chain-of-custody information.
• Comparative handwriting samples from the decedent (previous signatures on deeds, checks, or earlier wills).
• Expert handwriting analysis and testimony from a qualified document examiner.
• Witness testimony: attesting witnesses to the purported will, caretakers, family members who can testify about the decedent’s condition or who saw suspicious behavior.
• Medical records showing cognitive decline or incapacity at the time of execution.
• Communications (emails, texts, letters) suggesting fraud, coercion, or tampering.
• Evidence of alterations or suspicious physical signs on the document (different inks, added pages, etc.).

5. Burden of proof and standards

The person contesting the will bears the burden of proving the grounds for invalidating it. The required proof level varies with the issue (for some claims, clear and convincing evidence may be necessary; for others, preponderance may suffice). Because forgery allegations attack the authenticity of the document itself, courts expect persuasive evidence such as expert handwriting analysis, credible witness testimony, and documentary proof.

6. Timing and deadlines — act promptly

Probate contests must be timely. If the will has been admitted to probate and distributions or estate administration are underway, your window to file objections can be short. Even if you are unsure, file a timely objection so you preserve your rights. Contact the probate court clerk for local filing deadlines and requirements, and consult an attorney immediately.

7. Possible interim relief you can ask the court for

• Request that the court not admit the will or that it stay probate while the forgery claim is litigated.
• Ask the court to freeze estate assets or restrict the personal representative’s authority to distribute significant assets pending resolution of the contest.
• Seek expedited discovery (documents, depositions) and preservation orders to prevent destruction of evidence.

8. Criminal vs. civil action

Forgery is a crime. You may report suspected forgery to local law enforcement or the prosecutor’s office. Criminal charges can run parallel to a civil will contest but do not replace the civil process needed to remove a forged document from probate and recover estate property. Law enforcement may open an investigation; ask the prosecutor about cooperating between criminal and probate proceedings.

9. Outcomes to expect

• If the court finds the will was forged or invalid, the will will be denied probate and the estate will be distributed under a prior valid will or under Indiana’s intestacy rules.
• If the contest fails, the admitted will remains in effect and the estate proceeds accordingly; unsuccessful challengers sometimes face liability for costs if the claim was frivolous.

10. Where to find Indiana legal text and court resources

Read the Probate Code available from the Indiana General Assembly to review statutes that govern will admission and contests: Indiana Code Title 29 — Probate. For practical forms and local probate information, visit the Indiana judiciary site: Indiana Judicial Branch.

Helpful Hints

• Preserve the original will and any related documents. Do not alter or discard any papers or evidence.
• Write down names, dates, conversations, and who had access to the decedent before and after death. These details help investigators and attorneys.
• Act quickly. Probate contests are time-sensitive; delays can forfeit your rights.
• Contact the probate court clerk where the decedent lived to learn about open cases, filing procedures, and local forms.
• Hire an Indiana probate attorney experienced with will contests and document-forgery claims. They can file pleadings, handle discovery, coordinate experts, and request interim relief to preserve estate assets.
• Consider both civil and criminal routes: report suspected forgery to law enforcement and discuss parallel civil remedies with your lawyer.
• Expect the process to involve document examiners and potentially depositions; budget time and costs accordingly because forensic analysis and litigation can be expensive.
• If you cannot afford an attorney, ask the court or local legal aid organizations about pro bono or reduced-fee representation for probate contests.