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If you believe a decedent’s will in Kansas is forged, you can challenge it in the probate court where the decedent’s estate is being administered. Kansas law gives interested persons a way to object to the admission of a will and to pursue civil remedies to prevent distribution under a forged instrument. You must move quickly, gather strong evidence, and follow the probate court’s procedures.

Where to file

File your objection or contest in the probate division of the district court in the county where the decedent lived when they died. (Kansas probate rules and statutes are located in K.S.A. Chapter 59; see the chapter index for statutory text: https://www.ksrevisor.org/statutes/chapters/ch59/.)

Basic steps to challenge a suspected forged will in Kansas

1. Obtain the probate documents and a certified copy of the will. If the will has already been filed for probate, ask the clerk for certified copies of the will, the petition for probate, and the case docket. If the will has not been filed, ask the person who has it to produce it or ask the court to require its production.
2. File a timely objection or petition to contest. An interested person (heir, beneficiary under a prior will, spouse, etc.) should file an objection to the admission of the will or a formal contest in the probate court. The proper form and timing depend on whether the will has been admitted and local court rules; act promptly to avoid losing procedural rights.
3. Ask the court to suspend distribution and preserve estate assets. Ask for temporary relief (for example, an order delaying distribution) so estate assets aren’t disbursed while authenticity is litigated.
4. Collect and preserve evidence. Evidence may include original will pages, the decedent’s earlier wills, handwriting exemplars (known signatures), witness statements, medical records about the decedent’s capacity, emails or messages about the will’s preparation, and any physical evidence showing tampering. Preserve originals and a clear chain of custody for any documents or electronic files.
5. Use expert analysis. Forensic document examiners (handwriting and ink/paper analysis) can assess whether a signature or the whole document is forged. Courts routinely admit expert testimony on authenticity; expert results can be decisive.
6. Take discovery. Use subpoenas, depositions, and requests for documents to compel witnesses (e.g., the will’s attesting witnesses, the attorney who prepared the will, the person who produced it) to give testimony and turn over evidence about how the will was created and handled.
7. Pursue related civil and criminal remedies. In addition to a civil contest to invalidate the will, you may refer suspected forgery to local law enforcement or the county prosecutor for a criminal investigation. Criminal charges (forgery, fraud) are separate from probate litigation but can support the civil case. Keep in mind criminal investigations follow different standards and procedures.
8. Prepare for trial or settlement. If the court does not rule for you on preliminary matters, the case can go to trial where each side presents evidence about authenticity, testamentary capacity, undue influence, and proper execution. Many contested will cases settle once discovery clarifies the facts.

Key legal concepts you should understand

• Burden of proof. The person challenging a will typically must present evidence convincing the court the instrument is invalid (forgery, lack of proper execution, lack of capacity, undue influence). Exact standards (preponderance of evidence) and burdens vary by issue.
• Formalities and witnesses. Kansas law sets formalities for executing a valid will. If the will lacks required formalities (for example, proper signing and attestation), those defects support a challenge. See Kansas decedents’ estates provisions: K.S.A. Chapter 59.
• Timing. Probate contests have procedural deadlines. If you wait too long, the court may deny your challenge or the estate may distribute assets you cannot recover.

Practical examples of evidence that helps prove forgery

• Forensic handwriting analysis showing a signature does not match known exemplars.
• Testimony from attesting witnesses that they never saw the will signed or were not present.
• Metadata or email evidence showing the will file was created or altered after the decedent’s death.
• Medical records showing the decedent lacked capacity or was incapacitated when the will was allegedly executed.
• Evidence of suspicious handling: recently added pages, different inks, or missing original signatures with only photocopies filed.

What the court can do if a will is found forged

If the court finds the will is forged or otherwise invalid, the court will refuse to admit it (or revoke admission) and administer the estate under the prior valid will (if any) or under intestacy laws. The court can also order return of assets and may refer matters for criminal prosecution.

Where to find the relevant Kansas law

Kansas’s statutes governing probate, wills, and administration are in K.S.A. Chapter 59. You can read the chapter online here: https://www.ksrevisor.org/statutes/chapters/ch59/. For local court procedures and probate forms, see the Kansas Judicial Branch: https://www.kscourts.org/.

When to involve the police

If you have strong evidence of criminal forgery or fraud (for example, someone created a will and signed the decedent’s name after death), report your concerns to the county sheriff or prosecutor. A criminal investigator can open a parallel investigation. Keep in mind criminal investigations do not replace the need to act quickly in probate court to protect estate assets.

When to hire an attorney

Contesting a will—especially on forgery grounds—requires familiarity with probate rules, evidence preservation, expert witnesses, and court procedures. Hiring an experienced probate litigator is usually the best way to move quickly, preserve evidence, obtain injunctive relief, and present forensic proof effectively.

Disclaimer: This article explains general information about challenging a will under Kansas law. It is not legal advice. For advice about your specific situation, consult a licensed Kansas attorney who handles probate litigation.

Helpful Hints

• Act immediately. Probate moves quickly; preserve your right to object by filing promptly and asking the court to freeze distributions.
• Get certified copies of the will and probate case file from the court clerk as soon as possible.
• Preserve originals. Don’t allow the original will to be altered, handled indiscriminately, or destroyed.
• Document everything. Write down who gave you what information, when, and where. Record dates, conversations, and who had access to the decedent or their papers.
• Contact potential witnesses quickly. Memories fade and evidence disappears; talk to attesting witnesses and family members soon.
• Consider a forensic expert early. A document examiner can evaluate the signature and paper/ink characteristics and advise whether forgery is plausible.
• Use subpoenas in discovery to get records from lawyers, banks, or medical providers who may have relevant information about execution of the will or the decedent’s capacity.
• Communicate through counsel. Once a contest is underway, let your attorney handle communications to avoid creating harmful records.
• Keep civil and criminal tracks separate. Report suspected crimes to law enforcement but pursue the probate contest even if you report it to police—criminal cases move on different timelines.
• Ask the court for interim relief. If you can show a serious risk of asset dissipation, request an order preventing distribution while authenticity is decided.