When a loved one passes away, one of the first steps in settling their affairs is submitting their will to probate. But sometimes, families discover that a will may not be what it seems. Forged wills — though rare — can cause serious disputes and delay the probate process. Here’s how to spot potential signs of a forged will and what to do next.
Before anything else, make sure you’re holding the original will, not a scanned copy or photocopy. The Clerk of Court generally requires the original document for probate, and it’s much harder to verify signatures or notary stamps from a copy. An authentic, original will also provides better clues about when, how, and by whom it was executed.
Look closely at the signature itself. Does it look like your loved one’s handwriting? Compare it to other documents they signed, such as checks or letters. If it appears inconsistent, sloppy, or otherwise unlike their usual signature, that’s a red flag worth investigating.
Also confirm that the notary signature and stamp appear genuine. A valid notary should show a legible stamp or seal and a commission expiration date. If the notary’s credentials look suspicious or incomplete, that could indicate forgery or a procedural failure in how the will was executed — both of which are grounds for a will contest under North Carolina law.
Do the beneficiaries listed in the will make sense given what you knew about your loved one’s relationships and intentions? If the document leaves property to unfamiliar individuals — or excludes longstanding family members without explanation — it might signal that something isn’t right. This kind of unexplained change is also a common indicator of undue influence, which is a separate but related basis for challenging a will’s validity.
Consider when the will was dated. Does the timing align with what you knew about the person’s life and mental state? If they supposedly signed a new will during a period when they were incapacitated or isolated from family, that’s worth scrutinizing. North Carolina courts have addressed cases where wills executed under questionable circumstances were challenged on grounds of lack of testamentary capacity — and timing played a key role in the outcome.
Sometimes multiple wills surface after a death. If there are conflicting versions — especially with major differences in who inherits what — it’s important to determine which reflects the testator’s true wishes. Courts rely on evidence about when and how each version was signed to resolve these disputes. Under Chapter 31 of the North Carolina General Statutes, a later valid will generally revokes an earlier one — but establishing which will is valid often requires legal action.
If you suspect a will might have been forged, don’t ignore your instincts. Our attorneys can help you verify its authenticity, gather evidence, and file a caveat — a formal legal challenge — to protect your loved one’s estate. The sooner you act, the more options you’ll have.
For a broader look at what the probate process involves and what executors are responsible for, see our guide on how to execute a will after death in North Carolina.
Contact us to schedule a free Discovery Call and learn how our personalized approach can help your family navigate even the most complex probate situations. Call our office at 919-659-8433 or schedule directly at your convenience: calendly.com/caryep/discovery-call-get-started-cep-blog
Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.
Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.