Section 5817.14 | Admissibility of Evidence.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) The finding of facts by a court in a proceeding brought under this chapter is not admissible as evidence in any proceeding other than a proceeding brought to determine the validity of a will or trust. (B) The determination or judgment […]
Section 5817.04 | Jurisdiction; Venue.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) A complaint to determine the validity of a will or a trust shall be filed with the probate court. The probate judge, upon the motion of a party or the judge’s own motion, may transfer the proceeding to the general division […]
Section 5817.05 | Testator Complaint; Party Defendants.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) A complaint under section 5817.02 of the Revised Code shall name as party defendants all of the following, as applicable: (1) The testator’s spouse; (2) The testator’s children; (3) The testator’s heirs who would take property pursuant to section 2105.06 of […]
Section 5817.06 | Settlor Complaint; Party Defendants.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) A complaint under section 5817.03 of the Revised Code shall name as party defendants the following, as applicable: (1) The settlor’s spouse; (2) The settlor’s children; (3) The settlor’s heirs who would take property pursuant to section 2105.06 of the Revised […]
Section 5817.07 | Service of Process.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) Service of process, with a copy of the complaint and the will, and a copy of the related trust, if applicable, shall be made on every party defendant named in the complaint filed under section 5817.02 of the Revised Code, as […]
Section 5817.08 | Hearing.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) After a complaint is filed under section 5817.02 or 5817.03 of the Revised Code, the court shall fix a time and place for a hearing. (B) Notice of the hearing shall be given to the testator or settlor, as applicable, and […]
Section 5817.09 | Burden of Proof.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) The testator or settlor has the burden of establishing prima facie proof of the execution of the will or trust, as applicable. A person who opposes the complaint has the burden of establishing one or more of the following: (1) The […]
Section 5817.10 | Declaration of Validity.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A)(1) The court shall declare the will valid if it finds all of the following: (a) The will was properly executed pursuant to section 2107.03 of the Revised Code or under any prior law of this state that was in effect at […]
Section 5817.11 | Effect of Declaration.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) Unless the will or trust is modified or revoked, and except as otherwise provided in this section, no person may contest the validity of a will or trust that is declared valid in a proceeding pursuant to this chapter. (B) The […]
Section 5817.12 | Subsequent Modification of Will.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) After a declaration of a will’s validity under division (A)(1) of section 5817.10 of the Revised Code, the will may be modified by a later will or codicil executed according to the laws of this state or another state, and the […]