Can I Challenge a Will I Suspect Is Forged? A North Dakota FAQ

Short answer: Yes — if you have evidence a will is forged, you can file a will contest in North Dakota probate court and ask the court to exclude the forged document. Act quickly, gather and preserve evidence, and consult a probate attorney. This article explains the usual steps, the kinds of proof courts consider, and practical next steps under North Dakota law.

Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed North Dakota attorney familiar with probate litigation.

Detailed answer — how a will-forgery challenge typically works in North Dakota

1. Basic concepts: probate, will admission, and a will contest

When someone dies, a will is usually presented to the county probate court to be “admitted to probate.” Admitting a will lets the court recognize it as the decedent’s last will and appoint a personal representative to carry out the estate. If you believe a will is forged, you must challenge that admission or ask the court to set aside an already-admitted will.

North Dakota law governing estates and wills is part of the North Dakota Century Code (Title 30.1). See the statutes for the general probate framework: NDCC Title 30.1 — Estates and Trusts.

2. Common legal grounds to challenge a will

• Forgery: The signature or entire document is forged or fabricated.
• Lack of testamentary capacity: The signer did not understand the nature and effect of the will when it was signed.
• Undue influence: Someone exerted improper pressure that overcame the decedent’s free will.
• Improper execution: The will does not meet statutory formalities (for example, required witnesses were absent).
• Fraud or duress: The document was obtained by trick or coercion.

3. Evidence you will need when you suspect forgery

Forgery challenges focus on proving the document is not the decedent’s valid act. Useful evidence includes:

• The original will (or a certified copy) — you should obtain a certified copy from the probate court.
• Known genuine signatures of the decedent for comparison (checks, earlier wills, other documents).
• Witness statements from people who saw the decedent sign the will or who can verify the decedent’s usual signature.
• Expert handwriting analysis (forensic document examiner) comparing the will’s signature and handwriting to genuine samples.
• Communications (emails, texts) that contradict the will’s claimed creation or content.
• Evidence of suspicious circumstances: an unknown preparer, hasty signing, absence of required witnesses, or someone with motive and opportunity to forge the document.

4. Step-by-step process to challenge a suspected forged will in North Dakota

1. Act quickly. Probate matters move fast. The earlier you act, the better you preserve evidence and your legal rights.
2. Get the probate file and a certified copy of the will. If someone already filed the will for probate, the court clerk will have the petition and the will. Request certified copies.
3. Preserve evidence. Secure original documents, copies of communications, and any physical items. Do not alter or discard anything.
4. Consult a probate attorney. A lawyer can review the facts, explain local deadlines and standing rules, and prepare pleadings.
5. File a formal objection or will contest in the probate court. The contest will ask the court not to admit the will (or to revoke admission) and will state the legal grounds (forgery). If the will is already admitted, you can move to set it aside.
6. Obtain and use expert analysis. Forensic handwriting experts and other specialists can strengthen a forgery claim.
7. Take discovery and prepare for hearing or trial. Use depositions, document requests, and subpoenas to gather proof. The court will hold hearings where both sides present evidence.
8. Possible criminal referral. Forgery may be a crime. If there is clear evidence of criminal conduct, you can report it to law enforcement — sometimes civil and criminal actions proceed in parallel.

5. Who can contest a will in North Dakota?

Typically, people who have standing — potential heirs or beneficiaries whose interests the will affects — may contest. If an alleged forgery would change who inherits, you likely have standing. A North Dakota attorney can confirm your status under the statutes and local rules.

6. Burden of proof and possible outcomes

In a will contest for forgery, the challenger generally must persuade the court the document is invalid. If the court finds the will was forged, the court will exclude it and distribute the estate according to a valid prior will (if any) or according to intestacy rules. If the court finds the will genuine, it remains effective.

7. Timing — be careful about deadlines

Time limits and procedural rules apply to will contests. Some defenses and bars may apply if you wait too long or fail to follow probate procedures. Because deadlines vary depending on the circumstances, consult an attorney promptly. See North Dakota statutes for the probate schedule and court procedures: NDCC Title 30.1 — Estates and Trusts.

8. Practical and strategic considerations

• Challenging a will is often emotionally and financially costly. Balance the strength of your evidence against litigation costs.
• If the person who filed the will is also the likely wrongdoer, seek temporary court orders to freeze estate assets or prevent distribution while the dispute is pending.
• Consider mediation or settlement if both sides want to avoid a lengthy trial.
• Criminal charges for forgery can support a civil contest, but prosecutors decide whether to pursue criminal cases.

Helpful Hints

• Start immediately: request certified probate records and a copy of the will from the county court clerk as soon as you suspect forgery.
• Do not tamper with or destroy documents. Preserve the original will and any related communications.
• Collect comparison signatures now (signed checks, earlier documents). Photographs of the decedent’s signature help experts.
• Get witness names and statements while memories are fresh — witnesses who saw the will signed or knew the decedent’s signature are valuable.
• Hire a probate litigator experienced with forensic document cases if you can — they know local judges, expert resources, and procedural traps.
• Keep careful records of all contacts about the will (who provided it, when, and under what circumstances).
• Consider both civil and criminal routes: a criminal forgery conviction makes the civil case easier, but prosecutors control criminal charges.
• Expect deadlines. Even if you plan to rely on a later criminal case, file protective pleadings in probate to preserve your civil rights.

For general guidance on North Dakota probate procedures, see the state code on estates and trusts: NDCC Title 30.1. For personal help, contact a licensed North Dakota probate attorney promptly.