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 5817.06 | 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 […]
Section 5817.13 | Subsequent Modification of Trust.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) After a declaration of a trust’s validity under division (B)(1) of section 5817.10 of the Revised Code, the trust may be modified, terminated, revoked, or reformed under sections 5804.10 to 5804.16 of the Revised Code, or other applicable law. (B) The […]
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 […]