Disclaimer

This information is for educational purposes and does not create an attorney-client relationship. This is not legal advice. For guidance about your specific situation, consult an attorney experienced in Alaska probate and will contests.

Detailed Answer: How a will forgery challenge works in Alaska

Alaska law treats a will admitted to probate as a document that controls distribution of the decedent’s estate unless someone successfully proves it is invalid. If you suspect forgery, you must challenge the document in the probate proceeding where the will has been (or will be) offered for admission. The general steps are:

1. Obtain the will and the probate file. Go to the clerk of the superior court in the borough or census area where the decedent lived and request copies of the filed will and probate petition. The Alaska Courts website explains probate filings and local clerk contacts: Alaska Courts – Probate.
2. Act quickly. Many states limit how long you have to contest a will after it is admitted. Even if a specific short deadline does not apply, waiting makes it harder to preserve and prove forgery (witness memories fade; documents are lost or altered).
3. File a timely formal objection or contest. To dispute a will, you or an attorney must file a written contest/objection in the probate case. The contest must state the grounds (forgery, lack of capacity, undue influence, improper execution, etc.).
4. Gather and preserve evidence. Seek originals or certified copies of the will, prior wills, known handwriting samples, and documents showing custody of the will. Get names and contact information for witnesses who saw the decedent sign, deliver, or store the will. Preserve digital records (emails, text messages) that relate to the will or signing event.
5. Use forensic and testimonial evidence. Forgery cases often rely on handwriting analysis, ink and paper testing, chain-of-custody evidence, and witness testimony about signing. A court will weigh all evidence and decide whether the proffered will is valid.
6. Prepare for discovery and possible trial. Once a contest is filed, parties exchange documents and take depositions. The court may hold a hearing or trial where the judge decides whether the will is invalid.

Alaska’s statutory and procedural framework for probate and wills is found in the Alaska Statutes and the Alaska Court System’s probate rules. For general statute access, see the Alaska Statutes pages: Alaska Statutes (akleg.gov).

Common legal grounds to challenge a will

• Forgery of signature or entire will. If the signature was forged or the document was created without the decedent’s authorization.
• Improper execution. Many wills must meet formal signing and witness requirements. If the will didn’t meet Alaska’s requirements, it can be invalidated.
• Lack of testamentary capacity. The person signing must have understood the extent of their property and the natural objects of their bounty at the time of signing.
• Undue influence. If someone used coercion or manipulation to cause the decedent to sign a will they would not otherwise have signed.
• Fraud or mistake. If the decedent was deceived about the document’s nature or contents.

Evidence that helps prove forgery

Strong evidence increases your chance of success. Useful evidence includes:

• Original will and any earlier wills or codicils.
• Known handwriting samples from the decedent (checks, letters, address labels).
• Forensic document examination reports (handwriting experts, ink/paper analysis).
• Witness statements from people who saw the signing or who handled the will after signing.
• Communications (emails, texts) showing intent or lack of intent.
• Proof of suspicious circumstances—e.g., sudden will change when the decedent was incapacitated, beneficiaries who drafted or controlled the document, or missing custody chain of the will.

How the Alaska probate judge decides

The probate court weighs testimony, documents, and expert opinions. In most civil probate contests the judge decides by a preponderance of the evidence (which side is more likely correct). If the court finds forgery or invalid execution, it can refuse to admit the will to probate. If an earlier valid will exists, the court may admit that will instead; otherwise the estate may pass under intestacy rules.

Practical steps to take right now

1. Contact the court clerk where the decedent lived and request the probate file and a copy of the will.
2. Put a litigation hold on any potential evidence—do not allow anyone to alter or destroy documents, devices, or mail related to the will.
3. Write down everything you know: who prepared the will, where and when it was signed, who witnessed the signing, and any suspicious circumstances.
4. Identify and preserve written samples and digital communications from the decedent for handwriting comparison and timeline reconstruction.
5. Talk to an attorney experienced in contested wills and probate litigation in Alaska as soon as possible.

Timing and deadlines

Deadlines for filing a will contest vary by jurisdiction and by when the will is admitted to probate or notice is given. Because statutes of limitation and administrative deadlines can bar your claim if you wait, act quickly. Contact the probate clerk or an attorney for the specific time limits that apply in your case. General probate information for Alaska is available from the Alaska Court System: https://courts.alaska.gov/shc/probate.htm.

Possible outcomes

• The court finds the will forged or invalid and refuses to admit it; distribution follows an earlier will or intestacy rules.
• The court finds the will valid and admits it to probate.
• The parties settle—often the practical result is a negotiated distribution without a prolonged trial.

Costs and risks

Contesting a will can be expensive and time-consuming. Expect fees for attorney time, expert witnesses, and discovery. Weigh the potential estate value against the cost of litigation. Many contests settle once parties exchange information and see the strengths and weaknesses of the evidence.

When to hire an attorney

You should consult an attorney if the estate has significant assets, if you believe forgery or undue influence occurred, or if the probate filing is imminent or already filed. An attorney who practices contested probate law can:

• Explain deadlines that apply to your case;
• Help preserve and collect evidence;
• File the proper documents to join or start a contest;
• Coordinate experts (forensic document examiners, medical experts for capacity issues); and
• Represent you at hearings and settlement discussions.

To find local resources and court forms, start at the Alaska Court System website: https://courts.alaska.gov, and the Alaska Statutes homepage for relevant probate law: https://www.akleg.gov/basis/statutes.asp.

Helpful Hints

• Do not destroy or alter any original documents or devices that might contain relevant information.
• Get certified copies of the will and probate petition from the court clerk—those are the official starting points for any contest.
• Write a detailed chronology of events while your memory is fresh.
• Collect multiple known handwriting samples from different times in the decedent’s life to help forensic comparison.
• Ask witnesses to provide signed, dated statements about what they recall about signing or witnessing the will.
• Talk to an attorney before confronting potential beneficiaries if you suspect they forged a will—missteps can complicate evidence collection and settlement prospects.
• Keep communications in writing when possible so you have a record.
• Be aware that estate litigation can be emotional; focus on documentation and facts.