Disclaimer

This article explains general information about Kentucky probate and will-contest matters. It is educational only and is not legal advice. For advice about your specific situation, consult a licensed Kentucky probate attorney.

Detailed Answer: Steps to challenge a suspected forged will in Kentucky

If you believe a will is forged, act quickly and methodically. Below are the typical legal grounds, the evidence courts look for, and the process for challenging a will under Kentucky law.

1. Valid legal grounds to challenge a will

• Forgery or lack of proper execution: If the signature or the entire document was forged or the will was not executed according to Kentucky statutory formalities.
• Lack of testamentary capacity: The testator (the person who made the will) did not understand the nature and effect of the will when it was signed.
• Undue influence: Someone improperly pressured or coerced the testator into signing the will or changing their estate plan.
• Fraud: The testator was deceived about what they were signing or the consequences of signing.

2. What evidence matters

To prove forgery or another defect, you will typically need some combination of:

• The original will (or a copy) and any competing earlier wills.
• Examples of the testator’s handwriting or prior signatures for comparison.
• Testimony from witnesses who saw the will signed or who can attest to the testator’s condition and relationships.
• Medical records, physician testimony, or nursing records showing the testator’s capacity at the time the will was executed.
• Communications (emails, texts, letters) suggesting coercion or deception.
• Expert reports (handwriting analysts, medical experts) when appropriate.

3. How to start the challenge (procedural steps)

1. Locate the probate filing. When a will is presented, the executor or a person in possession will usually file the will for probate in the county Probate Court. Learn which court filed the probate and get a copy of the probate petition and the will.
2. Act promptly. Kentucky law and local court rules require timely objections. While deadlines vary by situation and the nature of probate proceedings, you should not delay contacting an attorney or filing a contest.
3. File a formal contest or objection in probate court. In most cases you must file a petition or a written objection to the admission of the will to probate and state the specific grounds (e.g., forgery, lack of capacity). The probate court’s clerk can provide filing information and local forms.
4. Preserve the evidence. Ask the court for instructions to protect the original will, request a preservation order if the original is missing, and gather any documents or witnesses immediately.
5. Use discovery and expert evidence. After filing, you can ask the court to allow discovery (documents, depositions) and to admit expert handwriting analysis or medical testimony.
6. Attend hearings and trial. The court may hold preliminary hearings on whether to admit the will and, if contested, a trial on the merits to determine whether the will is valid.

4. Specific Kentucky law references and where to read them

Kentucky’s statutes about wills and probate set out the formal requirements for a valid will and the probate process. For the statutes on wills and related probate provisions, see the Kentucky Revised Statutes and the Kentucky Court of Justice resources:

• Kentucky Revised Statutes (search and read statutes): https://apps.legislature.ky.gov/
• Kentucky Court of Justice — general probate and court information: https://kycourts.gov/

These resources will help you identify the exact local rules and statutory subsections that apply to will execution, probate filing, and contests.

5. What outcomes you can expect

• If the court finds the will was forged or otherwise invalid, it will refuse to admit that will to probate. The estate will then pass under a valid earlier will (if one exists) or by intestacy laws.
• If the will is set aside for undue influence or lack of capacity, remedies are similar: the contested will is not enforced.
• Sometimes parties settle out of court to avoid lengthy litigation; settlement is common in will disputes.

6. Practical limits and risks

• Contesting a will can be time-consuming and expensive. You should weigh the strength of your evidence against litigation costs.
• Delays reduce the chance to collect evidence (witness memory fades; documents get lost), so move quickly.
• The court may impose sanctions for frivolous contests. Make sure your challenge has a factual and legal basis.

Helpful Hints

• Secure the original will, all earlier wills you know about, and any related estate planning documents.
• Collect samples of the decedent’s handwriting and signatures (old checks, letters, IDs) to help any handwriting analysis.
• Preserve medical and care records that show the testator’s mental and physical state near the time the will was signed.
• Make a list of potential witnesses (friends, caregivers, attorneys, notaries, witnesses to signing) with contact details and short notes about what they observed.
• Avoid arguing publicly or on social media about the will—comments can be used in court and can complicate settlement talks.
• Talk to a Kentucky probate attorney as soon as possible. An attorney can file time-sensitive pleadings, preserve evidence, and evaluate whether a contest is likely to succeed.
• If you suspect criminal forgery, you can report the matter to local law enforcement in addition to filing a civil contest; criminal and civil processes can run in parallel.
• Ask the court clerk for local probate rules and filing deadlines in the county where probate was or will be opened.