FastCounsel

Detailed Answer

Quick overview. If you believe a will submitted for probate in Oklahoma is forged, act quickly. A forged will can be challenged in the county probate court where the estate is being administered. Your goal will be to prevent the probate court from admitting the suspected will and to have the court declare the instrument invalid. This page explains the practical steps, the types of proof courts look for, and how the process commonly works under Oklahoma law.

Who can challenge a will? Generally, anyone with a legal interest in the estate can object to admission of a will. That typically includes heirs-at-law (close family who would inherit under intestacy), beneficiaries under a prior valid will, and persons named in the disputed will whose rights may be affected. Because standing rules can be technical, speak promptly with a probate attorney if you are unsure whether you qualify.

Where to challenge the will. A will is challenged in the probate court of the county where the decedent lived at death. Oklahoma probate procedures live in Title 58 of the Oklahoma Statutes; for general reference see the Oklahoma Legislature’s probate title: Title 58, Oklahoma Statutes.

Common legal theories for attacking a will. When you claim a will is forged, you are arguing the document is not the decedent’s genuine testamentary writing. Other related theories may include lack of testamentary capacity (the decedent lacked mental ability when the will was signed), undue influence (someone coerced the decedent), or improper execution (signature or witness requirements not met). A successful challenge can be based on forgery alone or forgery combined with one of these other grounds.

Evidence you will need. Courts weigh several types of evidence in will-contest cases. Useful evidence includes:

• Certified copy of the contested will and any prior wills.
• Original will or authenticated copy, if available. (The original is very helpful.)
• Handwriting analysis or expert opinion comparing the signature or handwriting to known exemplars.
• Witness testimony from people who saw the decedent sign the will or who can testify about the decedent’s usual signature and mental state.
• Notary or witness affidavits and any attorney or law-office file drafts.
• Medical records showing the decedent’s capacity or vulnerability at the relevant time.
• Correspondence, emails, or phone records that show suspicious behavior or motive.

Practical steps to take right away.

1. Obtain the probate file and a certified copy of the will. If someone has already opened probate, ask the probate clerk for certified copies of the will and petition and the court file. If probate has not been opened, check with the county court where the decedent lived.
2. Preserve evidence. Do not alter the will, envelope, or related materials. Make and keep records of who handled documents and when.
3. Locate witnesses. Identify and interview anyone who observed the decedent signing the will or who cared for the decedent during the relevant period.
4. Get medical records and other records that could show the decedent’s mental state when the will was supposedly executed.
5. Consider a handwriting expert early. Experts often need exemplars of the decedent’s genuine handwriting for comparison.
6. Contact law enforcement if you have credible evidence of criminal forgery. Forgery is a crime; a criminal investigation does not replace your civil challenge, but it can support it.
7. Consult a probate attorney experienced in will contests. Probate litigation has strict procedures and time limits; a lawyer can help preserve your rights and file the correct pleadings.

How the court process usually unfolds. After you file a formal objection or contest in probate court, the court may schedule preliminary hearings and discovery. Discovery lets both sides collect documents, depose witnesses, and obtain expert reports. The court may decide some issues on motions, but contested facts (e.g., whether the signature is forged) typically require a trial where the judge or jury evaluates witness testimony and expert evidence. Remedies include denying admission of the forged instrument and admitting any prior valid will or, if none exists, distributing assets under intestacy rules.

Timing and deadlines. Time matters. Deadlines for contesting a will depend on when probate begins and local court rules. You can lose the right to contest if you wait too long. Do not assume delay is harmless—contact an attorney right away to learn the specific deadlines that apply to your situation.

Costs and risks. Will contests can be time-consuming and expensive. Courts may order the losing party to pay costs or attorney fees in limited situations. Weigh the strengths of your evidence, the estate value, and personal considerations before litigating. In many cases parties resolve disputes by negotiation or mediation to reduce costs.

Criminal investigation. Forgery may also be a criminal offense. If you suspect a will was forged, you can report the matter to local law enforcement or the district attorney. A criminal conviction for forgery can be powerful evidence in a civil/probate contest, though criminal and civil cases follow different standards and procedures.

Sample hypothetical illustrating the approach. Suppose an elderly person’s newly filed will leaves most assets to a neighbor who claims the decedent signed the document at the neighbor’s kitchen table. You obtain the probate filing and notice no attorney or witnesses appear on the will. You collect the decedent’s prior signature samples, locate the decedent’s caregiver who says the decedent could not have signed at that time, and order a handwriting comparison. You file a timely objection in probate court, seek discovery, and ask the court to deny admission of the will. If the handwriting expert and witness evidence support forgery, the court may refuse to admit the document and distribute assets according to the previous will or intestacy rules.

Statutes and resources

Primary statutes governing probate and wills are in Title 58 of the Oklahoma Statutes. See: Title 58, Oklahoma Statutes (Decedents, Estates, and Fiduciaries). For criminal forgery statutes and procedures, contact local law enforcement or the county district attorney.

Helpful Hints

• Act quickly: obtain the probate file and file any contest as soon as you discover the will.
• Preserve originals and any surrounding documents; do not sign or mark them.
• Collect contemporaneous evidence of the decedent’s capacity, routines, and signature habits.
• Talk to possible witnesses immediately; memories fade and witnesses relocate.
• Use a qualified handwriting expert if signatures are disputed; get samples that are uncontested.
• Consider both civil and criminal routes: a criminal forgery investigation can strengthen a probate challenge.
• Weigh costs: litigation can be expensive. Explore settlement or mediation when appropriate.
• Document your actions: keep a clear file of requests, receipts, communications, and court papers.
• If you fear asset dissipation, ask the probate court quickly for temporary protective orders (against asset transfers) while your challenge proceeds.

Final note and disclaimer. This material is educational and general. It is not legal advice, and it does not create an attorney-client relationship. Probate rules and timelines can be technical and time-sensitive. To protect your rights and for advice tailored to your circumstances, consult a licensed Oklahoma probate attorney promptly.