Short answer: Yes — under Wisconsin law you can challenge the validity of a will you believe was forged, but you must act quickly, preserve evidence, and follow specific probate procedures. This FAQ explains the typical steps, what proof the court will want, practical tips for gathering evidence, how the court process usually works in Wisconsin, and where to get help.

Disclaimer: This is general information only and not legal advice. For legal advice about a specific matter, consult a qualified Wisconsin probate attorney.

1. How will a Wisconsin court decide whether a will is forged?

Courts look at whether the document is a valid testamentary instrument — executed according to law and reflecting the decedent’s true testamentary intent. If you claim forgery, the court must determine if the signature or the entire document is not the decedent’s, or was fraudulently created or substituted. Typical legal issues include:

• Whether the will was properly executed under Wisconsin rules for wills.
• Whether the signature is the decedent’s or someone else’s (forgery).
• Whether the decedent had testamentary capacity when the will was signed.
• Whether the will was the product of fraud or undue influence.

Official texts that govern wills and probate are in the Wisconsin statutes; see the statutes index for governing rules: https://docs.legis.wisconsin.gov/statutes/. For practical court procedure and local probate contacts see the Wisconsin Courts site: https://www.wicourts.gov/.

2. Immediate steps you should take

1. Preserve the original document. Do not alter, fold, or mark the will. If someone else has the original, ask the court or your attorney about preserving chain of custody.
2. Gather contemporaneous evidence. Collect original drafts, earlier wills, signed documents, letters, emails, text messages, medical records, caregiving notes, and anything showing the decedent’s handwriting or mental state.
3. Identify and preserve witnesses. Get contact information for people who saw the decedent sign the will, the persons present at signing, the attorney or notary who prepared it, caregivers, or anyone who dealt with the decedent close in time to the will’s execution.
4. Take steps to secure electronic evidence. Save files, metadata, emails, and photos that could show drafting history or that the will was created or altered electronically.
5. Notify the court quickly. If the will has not yet been admitted to probate, file your objection promptly. If the will is already admitted, consult an attorney immediately about filing a petition to revoke probate or to contest the will.

3. How to start a formal challenge in Wisconsin

There are two common situations:

A. The will has been filed but not yet admitted to probate

If a probate petition is pending, file a timely objection with the probate court (often called a will contest or objection). Objecting before the court admits the will is usually the simplest procedural route.

B. The will has already been admitted to probate

You may still ask the court to set aside the probate and revoke the will for forgery or fraud, but courts sometimes require stronger proof and procedural hurdles are higher. You must file the appropriate petition to revoke probate or a post-admission will contest under the court’s rules and local procedures.

Because probate procedure and deadlines vary by county and by whether notice has been provided, contact the local Register in Probate or a Wisconsin probate attorney for the exact forms and deadlines. Wisconsin Courts’ website can point you to local court contacts: https://www.wicourts.gov/.

4. What evidence will the court want to see

To convince a court a will is forged, common types of proof include:

• Handwriting analysis comparing the signature and text to verified samples.
• Evidence of improper execution (missing witness signatures, lack of required procedures).
• Testimony from eyewitnesses who saw the signing or who can say the signature is not the decedent’s.
• Document metadata or draft files showing the will was created by someone else.
• Prior wills and estate planning records showing a different intent.
• Medical and mental-health records showing the decedent lacked capacity at the time.
• Communications (texts, emails) showing someone admitted forging or that others plotted to place a fake will into the file.

Courts often weigh forgery claims heavily and may require clear and convincing proof to overturn a probated will. Gather as much corroborating documentary and witness evidence as possible.

5. Typical court process and timing

Procedures vary, but you can generally expect:

1. Filing an objection or petition in the probate court where the estate is opened.
2. Pretrial discovery — depositions, document subpoenas, expert reports (e.g., forensic handwriting expert).
3. Motion practice — the other side may move to dismiss; you may seek preliminary preservation orders.
4. Trial — the judge (or sometimes a jury) will hear testimony and review evidence.
5. Decision — the court may invalidate the will, uphold it, or rule partially for each side.

Because probate matters involve statutory deadlines and local court rules, begin the process without delay. The county Register in Probate is a resource for forms and local procedures; many counties post probate forms and instructions on their courts’ pages under https://www.wicourts.gov/.

6. Possible outcomes

• The court finds the will forged or invalid and orders the will not probated; the estate is distributed under a valid earlier will or under intestacy rules.
• The court upholds the will as valid.
• The parties settle before trial, often dividing estate assets or agreeing to other remedies.
• In confirmed cases of criminal forgery, the court or counsel may refer the matter to law enforcement for a criminal investigation.

7. Practical and strategic tips

• Act fast. Probate deadlines, preservation of evidence, and witnesses’ memories are time-sensitive.
• Do not destroy or alter potential evidence, even by accident.
• Consider both civil and criminal routes. Forgery may be a crime; law enforcement can investigate while you pursue a civil contest.
• Costs can be significant — discovery, expert witnesses, and litigation add up. Discuss fee arrangements and fee-shifting possibilities with counsel.
• Explore settlement early if the other side is open — litigation can be expensive and emotionally draining.

8. How to find a Wisconsin probate attorney

Look for attorneys who handle will contests, probate litigation, and estate disputes. The State Bar of Wisconsin provides public resources and lawyer-referral services at https://www.wisbar.org/. The local county Register in Probate can point to forms and local practice information; courts’ general resources are at https://www.wicourts.gov/.

When you contact an attorney, be prepared to summarize: who has the will, whether it’s been filed or admitted to probate, any witness names, and any documentary evidence you already possess.

Helpful Hints

• Do not confront alleged forgers alone — preserve evidence and contact counsel or police if threats or criminal acts are involved.
• Keep a dated, written log of events, conversations, and where documents came from; this timeline often helps lawyers and investigators.
• Photograph documents as you find them, but keep originals safe and intact.
• If the will was produced by an attorney, ask for the attorney’s file and witness contact information via the court’s discovery process or informal request.
• Ask about immediate relief — courts can issue orders to freeze distribution of assets while a contest proceeds.