How to challenge a forged will in Alabama: a step-by-step FAQ

Disclaimer: This information is educational only and not legal advice. Laws and court procedures change. For advice about your specific situation, talk to a licensed Alabama attorney promptly.

Short answer

If you believe a will filed for probate in Alabama is forged, you must act quickly. Typical steps include: (1) preserve the original document and any related evidence; (2) notify the probate court where the will was filed and any personal representative; (3) file a formal will contest or objection in that probate court raising forgery (and related grounds such as lack of testamentary capacity or undue influence); and (4) gather expert and documentary proof (handwriting experts, witnesses, comparison signatures, communications, and chain-of-custody evidence). Alabama law treats challenges to wills through the probate process, so prompt filing is essential.

Detailed answer — what forgery means and how contests work under Alabama law

What counts as forgery or an invalid will?

Forgery generally means a signature, date, or whole document was falsely made, altered, or signed by someone pretending to be the testator. A will may also be invalid if it was not executed according to statutory formalities, was procured by fraud, or if the testator lacked capacity or was unduly influenced. In Alabama, wills and estate matters are governed by state probate law (see Title 43—Wills, Probate, and Administration). For official statutory text, see the Alabama Legislature website: Alabama Legislature.

Where do you file the challenge?

Will contests and related objections are filed in the probate court in the county where the deceased resided or where the will was presented for probate. The probate court controls probate of the will and decides probate contests, subject to appeal to higher courts.

When do you have to act?

Time limits can be strict. Probate courts often set short windows for filing contests after a will is presented and notice is given to heirs or beneficiaries. If probate closes or a personal representative distributes assets before a timely contest, undoing those actions becomes much harder. Because deadlines vary by case and by court, start the process immediately and speak with an attorney without delay.

Typical legal grounds to raise in your contest

Forgery or falsified signature.
Improper execution (missing required signatures or witnesses).
Lack of testamentary capacity (testator did not understand the nature of the act or its consequences).
Undue influence (someone pressured or coerced the testator into signing).
Fraud (the testator was deceived about the document’s nature or contents).
Revocation (a later valid will or written revocation exists).

Evidence you will need to prove forgery

Courts rely on both documentary and testimonial evidence. Useful evidence includes:

Original will (never destroy it); photographs or copies if original is unavailable.
Known, authenticated exemplar signatures of the alleged testator for comparison.
Handwriting/expert analysis reports and testimony.
Testimony from witnesses who recall the signing, or who can verify the testator’s signature history.
Chain-of-custody evidence showing who handled the document before it was filed.
Communications (emails, texts, letters) suggesting fraud or specific intent to forge.
Medical records showing incapacity at the time of signing.

Typical court process in Alabama probate disputes

Will is filed for probate and the court sets hearings and notice requirements.
If you object, you file a formal contest or caveat/objection in probate court alleging forgery and any other grounds.
The court may require discovery (document production, depositions, expert reports) and set a trial to hear witness and expert testimony about authenticity and capacity.
If the court finds the will was forged or otherwise invalid, it will refuse to admit that document to probate. The court will then consider any prior valid will or, if none, apply intestacy rules for distribution of the estate.

How courts decide forgery claims

Proof often requires clear and convincing evidence (a higher standard than a typical civil case) when validity and testamentary intent are disputed. The court weighs expert testimony, witness credibility, and documentary evidence. Evidence that shows the signature differs materially from authenticated signatures, or that key witnesses were misled, can persuade the court the will is not genuine.

Practical steps to take right now

Preserve the original will and any related documents. If the original is already filed with probate, request a certified copy from the court.
Write down everything you know: where you first saw the will, who had access to it, any suspicious circumstances or changes in the testator’s behavior, and any interested parties who could benefit from a forged document.
Collect exemplar signatures (old checks, prior signed wills, documents) and any communications that may show intent or fraudulent conduct.
Obtain medical records or doctor contact information if you believe the testator lacked capacity.
Talk to potential witnesses early — memories fade and witnesses may move or die.
Contact an Alabama probate attorney immediately to preserve rights and file any necessary objections in time. If you cannot afford private counsel, contact your local legal aid or the Alabama State Bar for referral resources.

Helpful Hints

Act fast: probate deadlines can bar your claim if you wait.
Preserve originals and avoid altering documents — even small changes can hurt your case.
Document every contact and transaction related to the will and estate administration.
If you suspect fraud or criminal activity, you may also contact local law enforcement — forgery can be both a civil and criminal matter.
Expect to pay for expert handwriting analysis and possibly forensics; include these costs when weighing whether to pursue a contest.
Be realistic about settlement: many will contests resolve by settlement rather than trial.
Find a probate attorney with trial experience in Alabama — contested will matters are specialized and time-sensitive.

Where to read Alabama law and get more information

For the statutory framework governing wills and probate in Alabama, consult the Alabama Legislature site for Title 43 (Wills, Probate, and Administration): https://www.legislature.state.al.us/. For information about probate court procedures and contact information, see the Alabama Judicial System: https://judicial.alabama.gov/.

If you decide to pursue a contest, ask the attorney about timing requirements, likely costs, potential outcomes, and whether temporary relief (like an injunction preventing distributions) is possible while the contest proceeds.

Remember: This article is informational only and does not create an attorney-client relationship or constitute legal advice. Consult a licensed Alabama attorney to evaluate your specific situation.