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Detailed answer — what to know and what to do

If you believe a will is forged, act quickly. Probate moves fast, and courts often distribute assets once a will is admitted. Under Montana law, a person with an interest in the estate may challenge a will in the probate court where the will was offered. The most common legal reasons to challenge a will are lack of testamentary capacity, undue influence, improper execution, fraud, or forgery.

1. Who may bring a challenge

Interested persons typically include beneficiaries named in prior wills, heirs at law (people who would inherit if there were no valid will), creditors in some situations, and sometimes the personal representative. If you would have an economic or legal interest affected by the will, you are likely an interested person eligible to file a contest.

2. Grounds to challenge a will

• Forgery: You believe the signature or the entire document was forged.
• Lack of testamentary capacity: The decedent lacked the mental capacity to sign a will.
• Undue influence: Someone pressured or coerced the testator to sign a will that does not reflect their true wishes.
• Improper execution: The will was not signed, witnessed, notarized, or executed according to Montana probate requirements.
• Fraud or mistake: The testator was deceived about the contents or the identity of the document.

3. How to start the challenge (practical procedural steps)

1. Obtain a certified copy of the will and the probate petition from the clerk of the district court where the decedent lived. Read the document carefully and note signatures, witnesses, dates, and any notary acknowledgments.
2. File a timely objection or petition to contest the will with the probate court. If the will is not yet admitted, you can file a caveat or objection before admission. If it has already been admitted, you generally must file a will-contest action as soon as possible. Timing matters: do not wait to preserve your rights.
3. State clear grounds for the contest in your filing (forgery, lack of capacity, undue influence, improper execution, etc.). If you allege criminal conduct (forgery), you can also report the matter to local law enforcement, but criminal and probate proceedings are separate.
4. Serve notice on the personal representative and other interested parties per court rules so they can respond or appear at hearings.
5. Ask the court for interim relief if needed: for example, an order preventing distribution of assets or sale of property while the contest proceeds.
6. Proceed to gather evidence, take depositions, and prepare for trial. Many will contests settle, but some go to a full evidentiary hearing or jury trial depending on local rules and the nature of the claims.

4. Evidence that helps prove forgery

Proving forgery typically requires showing the signature or document is not genuine. Useful evidence includes:

• Original document(s) and certified copies.
• Exemplar signatures of the decedent (from checks, prior wills, official documents) for handwriting comparison.
• Expert handwriting analysis and forensic document examination.
• Testimony from witnesses who saw the decedent sign (or who can say they did not).
• Medical records showing cognitive decline or incapacity at the relevant time.
• Communications (emails, texts, letters) revealing fraud, coercion, or a scheme.
• Notary records, witness affidavits, and dates that contradict the claimed execution date.

5. Possible outcomes

• The court rejects the forged or invalid will; the estate is distributed under an earlier valid will or under intestacy rules.
• The court finds some parts invalid and others valid (partial invalidation).
• The estate settles among the parties, often with negotiated distributions or changes to administration.
• Criminal charges may follow if the prosecutor believes forgery or other crimes occurred; criminal conviction is separate from the civil probate contest.

6. Timing and deadlines — act quickly

Timing is critical. Probate judges often schedule hearings and may admit a will within weeks to months after being presented. If you suspect forgery, contact the probate court clerk immediately to learn whether a will has been filed or admitted and what short windows exist to file objections. Consult an attorney quickly because missed deadlines can forfeit your right to challenge.

7. Criminal reporting

Forgery is a crime. If you have evidence of forgery, you may report the matter to local law enforcement or the county attorney. Criminal prosecution can result in penalties and may aid the civil contest by supporting credibility, but prosecutors decide independently whether to bring criminal charges.

8. Where Montana law is found

Probate and will statutes are codified in the Montana Code Annotated, Title 72 (probate and estates). You can review Montana’s probate statutes and related rules at the Montana Legislature’s website: https://leg.mt.gov/bills/mca/. Criminal statutes, including forgery offenses, are in the Montana Code under the Title covering crimes; see the Montana Code online at the same site for statutory text and chapter navigation.

Helpful hints

• Preserve the original will if you have it. Do not alter it and keep a chain of custody if you must move it.
• Immediately obtain certified copies of any will(s) and the probate petition from the court clerk.
• Document everything: dates, conversations, photographs of the document, and any suspicious circumstances.
• Talk to people who saw the decedent near the time the will was signed: caregivers, friends, bank officers, and witnesses.
• Get medical records early if you will argue incapacity—hospitals and doctors may archive or restrict access over time.
• Consider forensic document examiners early; examiners are more valuable if they can compare contemporaneous exemplars.
• Be mindful of costs: contests can be expensive. Weigh the estate’s value against litigation costs and consider mediation or settlement when appropriate.
• File something with the court quickly to protect your rights, even if you do not yet have all evidence. You can often amend pleadings later.
• If you report forgery to law enforcement, provide copies of your complaint to the probate court so the judge knows a criminal investigation is pending.