Detailed Answer

Quick overview

If you believe a will is forged, act quickly. Pennsylvania law treats properly executed wills as presumptively valid, so challengers must present strong evidence to convince a court to refuse probate or to set aside an admitted will. Challenges are handled in the Orphans’ Court (the probate division of the county Court of Common Pleas) or through the probate/caveat process at the Register of Wills. The relevant state rules on wills are in Title 20, Chapter 25 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. Chapter 25 (Wills).

Who may challenge

People who have standing typically include heirs at law, beneficiaries under a prior will, or others who would inherit if the challenged will is invalid. Executors and personal representatives must defend the will if it has been presented for probate.

Where a forgery challenge is handled

Will contests and challenges to probate are handled in the Orphans’ Court (a division of the Court of Common Pleas) in the county where the decedent lived. The county Register of Wills handles initial probate filings and accepts caveats to delay probate while a dispute is pending. For court information see the Pennsylvania Courts site: Pennsylvania Unified Judicial System.

Immediate steps to take (do these right away)

1. Do not touch, alter, or destroy the original will. Preserve the document and any related papers.
2. Get written confirmation of who currently holds the original will (executor, attorney, bank, or Register of Wills).
3. Obtain a certified copy of the death certificate and a copy of the will or the probate filing if it has been submitted.
4. Contact a Pennsylvania probate or estate litigation attorney immediately. Time limits and local practice rules matter.
5. If probate has not begun, consider filing a caveat with the Register of Wills in the decedent’s county to prevent immediate probate while you prepare a challenge.
6. If forgery may be a crime, you may also want to notify law enforcement or the district attorney; a criminal investigation can run alongside a civil probate challenge.

How courts view claims of forgery

Courts start from a presumption that a properly executed will is valid. To overcome that presumption in a forgery claim, challengers must produce persuasive evidence. Commonly used proof includes:

• Handwriting analysis from a qualified document examiner comparing the will signature and handwriting to known exemplars.
• Testimony from witnesses who saw the signature made or who can confirm the testator’s usual signature.
• Evidence of lack of proper execution formalities (missing witness signatures, signature not at the end of the document, etc.).
• Evidence of tampering, suspicious timing, unusual changes in estate planning, or suspicious behavior by someone who benefits.
• Documentary evidence such as drafts, emails, medical records showing incapacity, or communications suggesting the will was undisclosed or suspiciously produced.

Common legal routes to challenge a will

• File a caveat or objection with the Register of Wills before probate is granted to block admission.
• If the will has been admitted, file exceptions or a will contest in the Orphans’ Court asking the court to revoke probate and set the will aside.
• Seek emergency relief if there is an imminent risk the estate assets will be dissipated—this may include asking the court to freeze assets or remove an executor.

Evidence and experts

Forged signatures are commonly litigated with forensic handwriting experts. These experts compare the disputed signature with authenticated samples of the decedent’s handwriting. Experts can be expensive, so discuss with counsel about costs, retention, and what evidence the expert will need. Also gather medical records and testimony showing the decedent’s capacity around the time the will was allegedly signed.

Possible outcomes

Depending on the evidence and the court’s findings, outcomes may include:

• The court refuses to admit the will to probate.
• The court revokes previously granted probate and admits a different valid will or the intestacy (no valid will) rules apply.
• The court orders a new accounting, removes or sanctions the executor, or orders restitution if wrongdoing is proven.
• Separate criminal charges for forgery may be pursued by prosecutors.

Timing and costs

Time limits and local procedural rules vary by county. Some remedies are time-sensitive. Litigation costs can be substantial (attorneys’ fees, expert fees, court costs). In some cases, the court may shift attorneys’ fees, but you should not rely on fee-shifting as a primary plan.

When to involve law enforcement

If you have direct evidence of a forged signature or a criminal scheme (e.g., someone admitting they forged the will or clear fabrication of documents), consider notifying law enforcement or the district attorney’s office. Criminal investigations and prosecutions are separate from civil probate litigation, but criminal evidence can strengthen a civil claim.

Example (hypothetical)

Janet learns that her father’s recently produced “last will” suddenly leaves the estate to a new caretaker. The will is on plain paper, lacks a proper self-proving affidavit, and the signature looks different. Janet immediately contacts the county Register of Wills and files a caveat to prevent probate. She hires an estate attorney, obtains a certified copy of the will, hires a forensic document examiner to compare signatures, and gathers the father’s medical records showing dementia at the time the will was allegedly signed. Based on that evidence, Janet files a will contest in Orphans’ Court asking the judge to deny probate of the suspected forged will.

Key statutes and resources

Primary state law on wills is in Title 20, Chapter 25 of the Pennsylvania Consolidated Statutes. See: 20 Pa.C.S. Chapter 25 (Wills). For local filing rules and Orphans’ Court procedures, consult the county Register of Wills and the Pennsylvania Courts website: https://www.pacourts.us/.

Helpful Hints

• Act immediately — delays can weaken your ability to stop probate or preserve evidence.
• Preserve originals. Never alter or destroy the will or related documents.
• Collect any available exemplars of the decedent’s signature (checks, prior wills, letters) to aid a handwriting examiner.
• Document suspicious circumstances: who produced the will, when it appeared, and who benefits.
• Ask your attorney about filing a caveat to delay probate until the dispute is resolved.
• Expect an emotional and potentially expensive process; plan for costs of experts and litigation.
• If criminal forgery is suspected, report the facts to the district attorney’s office and preserve evidence for both civil and criminal investigators.
• Consult an attorney licensed in Pennsylvania; local probate practice and county rules vary significantly.