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Quick overview: If you believe a will offered for probate in Washington is forged, you can challenge it in the Washington superior court that is handling the probate. The usual path is a civil will contest or a petition to vacate probate. You can also report suspected forgery to law enforcement. Acting quickly and preserving evidence are crucial.

What legal rules apply in Washington?

Probate and will contests in Washington are governed by the state probate statutes (see RCW Title 11). Criminal forgery and related offenses are found under Washington’s criminal statutes (see RCW Title 9A). Relevant official sources:

• Probate (Revised Code of Washington, Title 11): https://app.leg.wa.gov/rcw/title11/
• Criminal laws (Revised Code of Washington, Title 9A): https://app.leg.wa.gov/rcw/title9a/

Who can challenge a will?

Generally, only an “interested person” may file a will contest in Washington. That term commonly includes beneficiaries under earlier wills or intestacy, heirs, beneficiaries named in the contested instrument, and sometimes creditors. If you are unsure whether you are an interested person, contact the court clerk or an attorney right away.

Grounds you can use to challenge a will

Common legal grounds to attack a will include:

• Forgery of the testator’s signature or any alteration of the document.
• Improper execution — the will wasn’t signed or witnessed according to RCW formalities.
• Lack of testamentary capacity — the signer did not understand what they were signing.
• Undue influence or fraud — another person coerced or tricked the maker into signing.
• Revocation — the will was revoked by a later valid will or act.

Practical steps to challenge a suspected forged will (recommended sequence)

1. Act immediately. Probate timelines are strict. Delay can allow assets to be distributed and evidence to be lost.
2. Preserve the original document and surrounding evidence. Do not handle or alter the original. If you do not have the original, get a certified copy from the court once the will is filed for probate.
3. Request information from the personal representative or the court. Ask for a certified copy of the will, filing papers, and any petitions or inventories the personal representative filed. The probate file is generally public.
4. Document why you suspect forgery. Note inconsistent signatures, unusual circumstances, absence of witnesses, sudden changes to the estate plan, or suspicious behavior by others.
5. Gather evidence supporting forgery. Examples include known handwriting samples, prior valid wills, medical records (to show incapacity), emails or communications, bank records showing suspicious transfers, and testimony from people who knew the decedent’s handwriting or state of mind.
6. Consider forensic analysis. A qualified forensic document examiner can compare the signature and help establish whether it is consistent with the testator’s genuine signature. Courts often accept expert testimony on handwriting, but an examiner’s work must be properly documented and preserved.
7. File a civil will contest or petition to vacate probate. If the will has been submitted for probate, the usual civil remedy is a will contest filed in the superior court where the probate is pending. If probate has already been granted, you can petition the court to vacate admission of the will and reopen the estate. Filing procedures and required forms vary by county; the superior court clerk’s office can explain local practice.
8. Ask for injunctive or protective relief if necessary. If assets are at risk of being dissipated, ask the court for temporary orders (e.g., to freeze transfers or stop distribution) pending litigation.
9. Report suspected criminal conduct. Forgery is a crime under Washington law (see RCW Title 9A). Contact local law enforcement or the county prosecutor if you believe a forgery or other criminal conduct occurred. Criminal investigations can run in parallel with civil contests.
10. Work with an attorney experienced in Washington probate and will contests. Contests involve strict rules of procedure and evidence. An attorney can ensure filings comply with local practice, preserve rights, and present forensic and testimonial proof effectively.

What evidence typically proves forgery?

The stronger your evidence, the better your chance to succeed. Useful evidence includes:

• The original document or a certified court copy.
• Exemplar signatures from other documents known to be genuine (bank forms, prior wills, passports).
• Expert handwriting or forensic document examiner reports.
• Witness statements showing the testator never signed or was not present when the signature was made.
• Medical and mental-health records showing incapacity at the relevant time.
• Evidence of suspicious circumstances (rapid changes, secret meetings, financial motive).

How the court decides

The court will evaluate admissible evidence, hear witness testimony, and weigh expert opinions. Different claims may have different standards of proof: many civil issues are decided by a preponderance of the evidence, while some claims (such as undue influence in some jurisdictions) are evaluated under a higher standard. The judge will decide whether the contested will or portions of it are invalid. If the court finds forgery, it may refuse to admit the forged document to probate or set aside an earlier admission and order appropriate remedies.

Possible outcomes

• The will (or the forged portions) is declared invalid — the estate may pass under an earlier valid will or under intestacy rules.
• The court orders restitution or imposes a constructive trust for assets that passed improperly.
• Criminal charges against the forger may be pursued by prosecutors.
• The court may award costs or attorney fees in limited circumstances.

Timing and urgency

Time is often critical. Probate moves quickly in many counties. If you suspect forgery, preserve evidence and get immediate legal guidance to protect your rights and to avoid missing court deadlines.

Where to get more information and help

Start with the Washington Revised Code of Washington, Title 11 for probate basics: https://app.leg.wa.gov/rcw/title11/. For criminal statutes that cover forgery, see Title 9A: https://app.leg.wa.gov/rcw/title9a/. Contact the superior court clerk in the county where the decedent lived for local filing procedures. Consider consulting an attorney promptly — contested probate litigation and evidence preservation are time-sensitive.

Disclaimer

This article is educational only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a Washington-licensed attorney who handles probate and will contests.

Helpful Hints

• Do not destroy or alter the original will or any related documents — preserve originals and copies.
• Make written notes of who told you about the will, when you first learned of it, and any suspicious conduct you observed.
• Obtain certified copies of filings from the probate court to confirm what was submitted and when.
• If possible, obtain exemplar signatures (signed documents known to be genuine) from banks, government IDs, or earlier wills to compare with the contested signature.
• Ask court clerks about local forms and deadlines — they cannot give legal advice but can explain procedure.
• Consider both civil and criminal avenues: civil contest to keep the will out of probate and a criminal complaint for forgery.
• Preserve electronic evidence (emails, text messages) and save metadata where possible; forensic copies are preferable to screenshots.
• Keep an evidence log and chain-of-custody for any physical items or documents you provide to experts or the court.
• Because rules and timelines vary by county and case facts, consult a Washington probate attorney as soon as you can.