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Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a particular situation, consult a licensed Maryland attorney.

Detailed Answer — How to challenge a suspected forged will under Maryland law

If you believe a will is forged, you can challenge (contest) the will in Maryland’s probate system. A successful challenge can prevent the forged document from controlling distribution of the estate. The main civil route is a will contest in the court that handles probate matters (the Orphans’ Court or the Register of Wills process in the county where the decedent lived). In Maryland, wills must meet statutory execution rules to be valid; see Maryland Code, Estates and Trusts §4-102 for execution formalities: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST&section=4-102.

A challenge based on forgery usually alleges that the signature on the will (or the entire instrument) is not the decedent’s, or that the document has been fraudulently altered. You will need to prove the will is forged by presenting evidence in court. Typical elements include showing the decedent did not sign the document, that the signature is not genuine, or that pages were inserted/changed without authority.

Key steps to challenge a suspected forged will

1. Act quickly — protect your position: File a caveat or otherwise notify the Register of Wills in the decedent’s county as soon as possible. A caveat can prevent immediate probate of the will and preserves your right to challenge it. Each county has its own procedures; contact the county Register of Wills for steps and deadlines.
2. Get the probate file and certified copies: Obtain a copy of the will that was submitted for probate and any related probate filings. The Register of Wills maintains the probate packet after someone presents the will. You need the original probate petition, the will (if filed), and the petitioner’s papers.
3. Hire an experienced probate attorney: Will-contests raise complex procedural and evidentiary issues. An attorney experienced with Maryland probate and Orphans’ Court practice will help you file the correct pleadings, preserve evidence, and meet court deadlines.
4. Collect direct evidence and comparators: Gather known genuine signatures of the decedent (prior wills, deeds, checks, medical forms), documents showing the decedent’s handwriting, and any documents showing suspicious circumstances (last-minute changes, who had access to the decedent, communications around the time the will was prepared).
5. Use forensic document examination: A qualified forensic handwriting/document examiner can compare the will’s signature to verified exemplars and prepare a report. Courts often consider such expert opinion along with other evidence.
6. Identify witnesses and chain-of-custody problems: Locate and interview witnesses who were present when the will was signed, the attorney/notary who prepared it, or people who handled the decedent’s mail and documents. If the original document has questionable custody or gaps, highlight that to the court.
7. File a formal will contest in the appropriate court: In Maryland, will contests proceed through the Orphans’ Court or by filing the appropriate claim in the Register of Wills/probate process. Your attorney will file pleadings alleging forgery (and any related grounds such as lack of capacity or undue influence). The court will set a schedule for discovery and trial.
8. Discovery and trial: Use depositions, document requests, subpoenas, and expert testimony to build your case. The judge (or jury, where permitted) will evaluate whether the evidence shows the will—or the signature—is forged and whether probate should be denied.
9. Possible outcomes: If the court finds forgery, it can refuse to admit the forged will to probate. The estate may then be distributed according to a prior valid will or, if no valid will exists, under Maryland’s intestacy rules. The court may also refer evidence of criminal forgery to law enforcement.

Evidence and legal standards

You must persuade the court that the document is forged. That requires credible evidence such as:

• Forensic handwriting analysis comparing the disputed signature to known genuine signatures.
• Witness testimony that the decedent did not sign the will or was not present when it was signed.
• Evidence that someone else was in a position to create or alter the document (opportunity, motive, access).
• Physical signs of tampering, inconsistent paper or ink, or an incomplete chain of custody for the original document.

Procedural rules and evidentiary standards are controlled by Maryland probate law and court rules. Because timing and the burden of proof matter, work with counsel early.

Timing and deadlines

There are practical and procedural deadlines in Maryland probate. If a will is about to be or has been presented for probate, filing a caveat with the Register of Wills preserves your right to contest and can stop immediate probate. If the estate has already been probated, you still may have a limited time to challenge the will in the Orphans’ Court. Because deadlines differ by county and by the stage of probate, act quickly and ask a Maryland probate attorney to confirm applicable timelines in your county.

When to involve law enforcement

Forgery is a crime. If you have affirmative evidence that a will was forged, you may report the matter to local law enforcement or the State’s Attorney. Criminal prosecution is separate from the civil will contest and does not by itself resolve distribution of the estate, but a criminal conviction can strengthen a civil case.

Costs, risks, and practical considerations

• Will contests can be costly, time-consuming, and emotionally draining. Expect attorney fees, expert fees, court costs, and time for discovery and trial.
• Court may require proof beyond simply saying the signature looks different. Weak or purely circumstantial evidence is less likely to succeed.
• If you are a beneficiary under an earlier will, or stand to inherit under intestacy, courts will carefully examine motives and the strength of your evidence.

Helpful Hints

• File a caveat at the county Register of Wills immediately to delay probate while you investigate.
• Obtain certified copies of the will and all probate filings as soon as possible.
• Preserve the original document—do not alter, copy, or allow others to handle it unnecessarily.
• Collect authentic exemplars of the decedent’s signature: prior wills, deeds, checks, medical forms, and other signed documents.
• Interview and preserve contact information for any witnesses to the will signing (attorney, notary, witnesses, caregivers).
• Engage a Maryland attorney experienced in will contests and probate litigation early; they will help with pleadings, deadlines, and evidence preservation.
• Consider a forensic document examiner to create a formal report comparing signatures and paper/ink.
• Be prepared for settlement discussions—many will contests resolve by settlement rather than trial.
• Keep careful records of communications and transactions involving the decedent near the time of the contested will.

For Maryland statute on will execution formalities, see Maryland Code, Estates and Trusts §4-102: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST&section=4-102. For county-specific procedures (Register of Wills and Orphans’ Court), contact the Register of Wills or Orphans’ Court in the county where the decedent lived.

If you suspect a forged will, move promptly. Preserving evidence and filing the right procedural documents early are critical to giving your challenge the best chance of success.