Detailed Answer

Short answer: If you suspect a will is forged, you can challenge it in Ohio probate court. You must act quickly, gather evidence, and file a formal will contest (or other appropriate pleadings) in the probate court that is handling the estate. Ohio law that governs wills and probate is in Ohio Revised Code Chapter 2107. Criminal forgery is covered by R.C. 2913.31 (see links below).

How a will challenge works in Ohio

Ohio treats the validity of a will as a question for the probate court. When someone submits a will for probate, the court may admit it after reviewing whether it meets statutory requirements. If you believe the document is forged, you ask the probate court to refuse admission (or to revoke admission if already admitted) and to decide that the document is invalid.

Legal grounds to attack a will

• Forgery (the signature or entire document was falsely created).
• Lack of proper execution—Ohio law requires certain formalities for a valid will (e.g., signature, witness requirements).
• Testamentary incapacity (the signer lacked the mental capacity to make a will).
• Undue influence—someone pressured the testator to sign or change the will.

Relevant Ohio statutes and resources

• Ohio Revised Code, Chapter 2107 (Wills and related probate rules): https://codes.ohio.gov/orc/2107
• Ohio criminal statute on forgery: R.C. 2913.31: https://codes.ohio.gov/ohio-revised-code/section-2913.31

Step-by-step: What to do if you suspect forgery

1. Act quickly. Probate cases move fast. Timelines to file challenges are strict. Contact the probate court or an attorney right away.
2. Get the official paperwork. Obtain certified copies of the will, the application for probate, and any ancillary filings from the probate court clerk.
3. Preserve the original document and evidence. Do not alter the will or allow it to be destroyed. Request the court or executor preserve the original as evidence. Collect other items that may help compare handwriting or dates (letters, checks, prior wills).
4. Gather witnesses and records. Identify people who observed the signing, who knew the testator’s handwriting, or who can speak to the testator’s mental state. Collect medical records, prescriptions, care notes, and contemporaneous communications that bear on capacity or undue influence.
5. Consider a forensic document examiner. A handwriting or signature analysis can be persuasive in both probate and criminal proceedings. Use an experienced, court-accepted examiner and preserve chain of custody for any documents submitted for testing.
6. File the proper legal pleadings. If the will is not yet admitted, you may file an objection to probate or a petition asking the court not to admit it. If the will has been admitted, you may file a will contest or a motion to vacate the probate admission. These pleadings must state your grounds and include supporting evidence.
7. Seek both civil and criminal remedies. Forgery can be both a civil issue (invalidating a will) and a crime. You may notify the prosecutor about suspected forgery so the county prosecutor can evaluate criminal charges under R.C. 2913.31.
8. Prepare for the hearing or trial. The probate court will evaluate evidence (documents, testimony, expert reports). The standard is generally a preponderance of the evidence in civil probate proceedings. Be ready to challenge authenticity, show inconsistencies, and explain motives.

Possible outcomes

• The court finds the will forged or invalid and refuses (or revokes) probate. The estate then follows an earlier valid will or intestacy rules.
• The court upholds the will after weighing the evidence.
• The court keeps the matter for trial and issues a longer process of discovery, expert testimony, and a full evidentiary hearing.
• Separately, a prosecutor could pursue criminal charges for forgery; a criminal conviction does not automatically decide the civil probate contest, but it is powerful evidence.

Who should file and when

Interested persons—beneficiaries, heirs, or sometimes creditors—generally have standing to challenge a will in probate court. Because probate deadlines are strict, do not wait. Even if you are unsure, consult the probate court clerk and an attorney immediately to preserve your rights.

Practical and emotional considerations

Will contests are often emotionally charged and sometimes expensive. Expect: discovery (document requests, depositions), expert fees, and scheduling delays. Consider cost versus likely benefit before committing to a lengthy contest. If the estate has limited assets, criminal referral and limited civil claims may be more appropriate.

Helpful Hints

• Do not destroy or alter any document. Tampering can harm your case and create criminal exposure.
• Obtain certified court records early—these show exactly what was submitted for probate and when.
• Document everything: dates you learned about the will, conversations, and who told you what.
• Photograph handwriting samples and keep originals secure for expert review.
• Talk to a probate attorney quickly. A lawyer can file timely pleadings, advise about evidence, and help preserve rights.
• Consider contacting the county prosecutor if you have clear evidence of forgery; criminal charges can lead to evidence preservation and investigation.
• Be realistic about costs: expert witnesses and litigation add expense. Ask attorneys about fee arrangements and likely costs up front.
• If the contested will is already admitted, immediately ask the clerk about the procedure and applicable deadlines to file a motion or contest.

Where to learn more and get forms

Read Ohio Revised Code Chapter 2107 for the statutes that govern wills and probate in Ohio: https://codes.ohio.gov/orc/2107. For the criminal forgery statute, see R.C. 2913.31: https://codes.ohio.gov/ohio-revised-code/section-2913.31.

Final note and disclaimer

This article explains general steps and Ohio law references for challenging a suspected forged will, but it is not legal advice. I am not a lawyer. Every case is different—timelines, court rules, and local procedures can change the outcome. Consult a licensed probate attorney in Ohio to review your specific facts and file any required pleadings.