Detailed Answer

Overview. If you suspect a will is forged, you can challenge the document in Arizona probate court and, in some cases, trigger a criminal investigation for forgery. The process combines civil litigation (a will contest) to keep the document out of probate and criminal reporting if a signature or entire document appears forged. Acting quickly and preserving evidence are critical.

Who can challenge a will?

People who have a legally protected interest in the decedent’s estate—such as heirs, beneficiaries under a prior will, or someone who would inherit under intestacy (no will)—may challenge a will. If you are unsure whether you have standing, speak with a probate attorney promptly.

Grounds to challenge a will under Arizona law

Lack of testamentary capacity: the testator did not have the mental ability to understand the nature and effect of making a will.
Undue influence: another person improperly controlled the testator’s decisions so the will reflects that person’s wishes instead of the testator’s.
Fraud or forgery: the signature or document was forged, or the testator was tricked into signing a document not understood to be a will.
Improper execution: the will did not meet Arizona formalities for witnesses and signatures.

Immediate steps to take

Obtain a copy of the will and any related probate filing. If the will has already been submitted for probate, get a certified copy from the probate court clerk.
Preserve evidence. Keep the original (if you have it) secure. Preserve relevant documents, emails, medical records, appointment calendars, and communications with the person who prepared the will or witnesses.
Identify and contact witnesses. Locate and record statements from people who saw the testator sign the will or who were aware of the testator’s state of mind.
Notify the probate court clerk and other interested parties that you oppose probate of the will. This alerts the court and starts the dispute process.

How to formally contest a will in Arizona

Challenging a will is a civil action in probate court. Typical steps include:

File a written objection or petition with the probate court that is handling the decedent’s estate. If the will has not yet been admitted, you object to its admission. If the will is already admitted, you file a petition to revoke admission or set aside probate based on forgery or other grounds.
Serve notice on the personal representative, beneficiaries named in the will, and any other required parties per the court’s rules.
Exchange evidence during discovery: documents, witness depositions, handwriting analysis, and expert reports (forensic document examiners, medical experts about capacity, etc.).
Attend hearings and, if necessary, a trial where the judge decides whether the will is valid.

Evidence commonly used in suspected-forgery cases

Handwriting and signature analysis from a qualified forensic document examiner.
Witness testimony that the signature is not the decedent’s or that the document was not signed in the decedent’s presence.
Prior genuine signatures for comparison (from checks, earlier wills, legal documents).
Correspondence or contemporaneous notes indicating the decedent did not execute or approve the will.
Medical records showing the decedent lacked capacity or was incapacitated at the time of execution.
Evidence about the preparation and custody of the document (chain of custody) showing suspicious handling.

Criminal aspects — reporting possible forgery

If you reasonably believe the will or signature is forged, you can report the matter to the local law enforcement agency or the county attorney’s office for investigation. Forgery and related crimes fall under Arizona criminal statutes; the prosecuting agency will decide whether to bring criminal charges. A criminal investigation can run parallel to a probate contest but has different procedures and standards.

Timing and deadlines

Deadlines vary depending on the stage of probate and the specific procedural rules. You must act quickly: once assets are distributed, it becomes harder to undo transfers. Contact the probate court clerk or an attorney immediately to learn court-specific timelines and to preserve your rights.

Possible outcomes

The court refuses to admit the will to probate or revokes admission if admitted.
The court admits the prior valid will (if one exists) or applies intestacy rules.
The court orders remedies such as removal of a personal representative or recovery of improperly distributed assets.
The county attorney may pursue criminal charges for forgery, fraud, or related offenses.

Costs and burden of proof

Will contests are civil matters. The challenging party must present convincing proof (typically by a preponderance of the evidence) that the will is invalid. Litigation can be costly—court fees, expert fees (handwriting analysts, medical experts), attorney fees, and time. Courts sometimes award costs or fees depending on the facts and applicable rules, but you should discuss fee risk and possible fee-shifting with your attorney.

Where to find Arizona statutes and probate rules

Arizona statutes governing wills, probate procedure, and related civil matters appear in Title 14 of the Arizona Revised Statutes. Criminal statutes that can apply to forgery are found in Title 13. You can review these statutes on the Arizona Legislature website:

Arizona Revised Statutes, Title 14 (Trusts, Estates & Protective Proceedings): https://www.azleg.gov/arsDetail/?title=14
Arizona Revised Statutes, Title 13 (Crimes and Criminal Procedure): https://www.azleg.gov/arsDetail/?title=13

If the estate is already in probate, the local probate court clerk or the Arizona Judicial Branch website can provide court-specific procedures and forms.

When to hire an attorney

Because forgery claims combine civil and criminal elements and can require technical evidence, consult a probate litigation attorney as soon as possible. An attorney can:

Assess standing and legal grounds to challenge the will.
File the correct documents with the probate court on time.
Coordinate forensic experts and discovery.
Help preserve estate assets through temporary court orders if necessary.
Refer or coordinate with prosecutors if criminal conduct appears likely.

Practical example (hypothetical). Suppose you receive notice that a newly discovered will leaves most of the estate to a caretaker. You remember a different earlier will that favored family. You notice the signature looks different. Steps you might take: get a certified copy of the new will from the probate court, preserve the original or photograph it, gather prior signed documents of the decedent, contact the witnesses listed on the new will, speak with a probate attorney about filing an objection and engaging a forensic document examiner, and report your forgery concerns to the county attorney for possible criminal investigation.

Note: This article describes general procedures and common Arizona law principles. Specific facts can change the applicable process, timelines, and remedies.

Disclaimer: I am not a lawyer and this is not legal advice. The content here is for educational purposes only. Consult a licensed Arizona attorney about your specific situation before taking legal action.

Helpful Hints

Act quickly. Probate processes move fast; delays can weaken or eliminate your ability to object.
Preserve original documents and potential evidence immediately. Photographs, secured originals, and chain-of-custody notes matter.
Collect prior genuine signatures for comparison (bank signature cards, prior wills, checks).
Get witness contact information and record contemporaneous statements while memories are fresh.
Carefully document medical conditions and physician contacts around the time the will was signed.
Consider hiring a forensic document examiner early if forgery is suspected.
Notify the probate court clerk and ask about required forms and deadlines for objections in that county.
Report suspected criminal conduct to law enforcement or the county attorney, but coordinate reporting with counsel to avoid complicating the civil case.
Budget for expert and attorney fees. Will contests and forgery disputes often require experts.
Consult an Arizona probate litigation attorney to review the strength of your claim and to file on time.