Detailed Answer — How challenging a forged will works in California

If you believe a will is forged, you can challenge it in California probate court. A successful challenge can prevent the court from admitting the will (or can later remove it) and can lead to criminal investigation of forgery. Below are the core legal concepts, typical steps, and practical evidence you’ll need.

1. What makes a writing a valid will in California?

California law requires certain formalities for most wills. A will is generally enforceable only if it meets statutory execution rules. See California Probate Code § 6110 for the formal execution requirements. Holographic (handwritten) wills have their own rules; see Probate Code § 6111 for handwriting and signature requirements.

(Statutes: Prob. Code § 6110; Prob. Code § 6111.)

2. Forgery as both a criminal and civil issue

Forging a signature or altering a will can be a crime under California law. Penal Code § 470 and related provisions address forgery. If you suspect criminal conduct, you can report it to law enforcement or the district attorney, who may open a criminal forgery investigation while the civil/probate case proceeds.

(Statute: Pen. Code § 470.)

3. Who can challenge a will (standing)?

People with an economic or legal interest in the estate typically have standing to contest a will — for example, beneficiaries named in an earlier will, heirs who would inherit under intestacy, or anyone whose inheritance is affected. If you’re unsure whether you have standing, speak with a probate attorney promptly.

4. Typical civil procedure to challenge a will

General steps you can expect:

• Do not sign away or destroy the original will. Preserve the original document and any copies or envelopes; chain of custody matters.
• Obtain the court filing that seeks admission of the will to probate. Probate filings often include a petition to admit the will to probate and a hearing date.
• File a formal objection to probate or a petition to contest the will in the probate court where the decedent’s estate is filed. The objection should explain the grounds (forgery, lack of signature authenticity, etc.) and request the court refuse admission or revoke admission if already admitted.
• Collect and present evidence (see evidence section below). The court may order a hearing and allow expert testimony, including handwriting analysts and forensic document examiners.
• Consider parallel criminal reporting if you have reasonable grounds to suspect forgery; criminal findings can influence the civil case but are not required.

Deadlines in probate contests can be strict. Many probate matters use short windows for filing objections after notice of probate proceedings. If you miss a statutory deadline you may lose the right to challenge the will in that probate proceeding. Contact a probate attorney immediately to protect deadlines.

5. What evidence is most helpful when you suspect forgery?

Strong evidence usually includes multiple types of corroboration:

• The original will and any drafts, envelopes, or custodian notes;
• Other known genuine signatures and handwriting samples of the decedent for comparison;
• Correspondence, emails, text messages, or witness statements showing the decedent’s intentions before death;
• Medical and care records showing capacity, physical ability to sign, or presence of coercion;
• Evidence about who had access to the decedent and the document during the relevant time;
• Expert forensic handwriting analysis and documentary examination reports;
• Financial records showing suspicious transfers or patterns inconsistent with past estate plans.

6. Burdens of proof and likely outcome standards

Will contests are civil matters. The contestant must prove the will is invalid. The required level of proof can vary by claim: some issues are decided by a preponderance of evidence, while certain claims (e.g., undue influence or fraud) may require stronger proof. Courts frequently consider the totality of evidence, including expert testimony and circumstantial facts.

7. Practical and strategic considerations

• Act quickly. Probate timelines and deadlines can foreclose challenges if you delay.
• Preserve evidence. Make copies, photograph documents, and get witness contact information.
• Expect discovery. Parties often request medical records, handwriting exemplars, and financial documents.
• Consider settlement. Litigation is costly and emotional. In some cases a negotiated resolution or mediation avoids trial.
• Criminal vs. civil track: even if criminal charges are filed for forgery, you still may need to bring (or defend against) a civil probate contest to resolve the estate distribution.

8. When to involve law enforcement or the district attorney

If you have credible evidence that a document is forged, you may report it to local law enforcement or the district attorney. A criminal investigation can lead to charges under California’s forgery statutes and can support the civil case. However, prosecutors decide whether to file criminal charges independently from the civil contest.

9. Where to find California-specific forms and local rules

Probate is handled in the county superior court where the decedent lived. Each county posts local probate rules and filing procedures. The California Legislature’s website hosts the Probate Code (search for relevant sections like 6110 and 6111) and the California Courts website offers self-help resources about probate and will contests. For statute text see: Prob. Code § 6110, Prob. Code § 6111, and for criminal forgery: Pen. Code § 470.

10. Next steps you should take right now

1. Locate and secure the original will (do not alter it).
2. Collect related documents, photos, messages, and witnesses.
3. Note the probate case number and filing information if the estate is already opened; get copies of the petition to admit the will if available.
4. Contact a probate attorney in California promptly to preserve your rights and meet court deadlines.

Helpful Hints — Practical tips for building a strong challenge

• Preserve originals: never sign, fold, or destroy the original will or cover letters.
• Document chain of custody: keep a timeline of who had access to the document and when.
• Secure handwriting samples: gather dated documents you know the decedent signed.
• Get experts early: forensic document examiners and medical records reviewers strengthen claims of forgery or lack of capacity.
• Act fast on deadlines: probate objections can have short mandatory filing periods — missing them may waive your right to contest.
• Ask for a temporary restraining order if assets are being dissipated or transferred pending the contest.
• Keep emotion separate from evidence: courts focus on proof, not suspicions or family arguments.
• Talk to the district attorney if you have clear evidence of criminal forgery — criminal findings can be persuasive for the probate judge.
• Save all communications with beneficiaries, witnesses, and the proposed executor; these may be admitted in court.
• Consider mediation if the parties want a faster, less expensive resolution.