Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly As used in Chapters 2101. to 2131. of the Revised Code: (A) “Will” includes codicils to wills admitted to probate, lost, spoliated, or destroyed wills, and instruments declared valid under division (A)(1) of section 5817.10 of the Revised Code, but “will” does […]
Effective: June 23, 1994 Latest Legislation: House Bill 208 – 120th General Assembly Except when the intent of the testator clearly is to the contrary, the following rules of construction shall apply in interpreting the terms “inheritance” and “bequest”: (A) The term “inheritance,” in addition to its meaning at common law or under any other […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly A person who is eighteen years of age or older, of sound mind and memory, and not under restraint may make a will.
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator’s conscious presence and at the testator’s express direction. […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly No agreement to make a will or to make a devise or bequest by will shall be enforceable unless it is in writing. The agreement shall be signed by the maker or by some other person at the maker’s express direction. If […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) An existing document, book, record, or memorandum may be incorporated in a will by reference, if referred to as being in existence at the time the will is executed. That document, book, record, or memorandum shall be deposited in the probate […]
Effective: July 23, 2002 Latest Legislation: House Bill 345 – 124th General Assembly No person under eighteen years of age shall witness a will executed pursuant to section 2107.03 of the Revised Code or an agreement to make a will or to make a devise or bequest by will pursuant to section 2107.04 of the […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly A will may be deposited by the testator, or by some person for the testator, in the office of the judge of the probate court in the county in which the testator lives, before or after the death of the testator, and […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly During the lifetime of a testator, the testator’s will, deposited according to section 2107.07 of the Revised Code, shall be delivered only to the testator, to some person authorized by the testator by a written order, or to a probate court for […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) If real property is devised or personal property is bequeathed by a will, the executor or any interested person may cause the will to be brought before the probate court of the county in which the decedent was domiciled. By judicial […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) No property or right, testate or intestate, shall pass to a beneficiary named in a will who knows of the existence of the will for one year after the death of the testator and has the power to control it and, […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) A will shall be admitted to probate: (1) In the county in this state in which the testator was domiciled at the time of the testator’s death; (2) In any county of this state where any real property or personal property […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly When a will is presented for probate or for a declaratory judgment of its validity pursuant to Chapter 5817. of the Revised Code, persons interested in its outcome may contest the jurisdiction of the court to entertain the application. Preceding a hearing […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly If a devise or bequest is made to a person who is one of only two witnesses to a will, the devise or bequest is void. The witness shall then be competent to testify to the execution of the will, as if […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) When offered for probate, a will may be admitted to probate and allowed upon such proof as would be satisfactory, and in like manner as if an absent or incompetent witness were dead: (1) If it appears to the probate court […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly When a witness to a will, or other witness competent to testify at a probate or declaratory judgment proceeding, resides out of its jurisdiction, or resides within it but is infirm and unable to attend court, the probate court may issue a […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly The probate court shall admit a will to probate if it appears from the face of the will, or if the probate court requires, in its discretion, the testimony of the witnesses to a will and it appears from that testimony, that […]
Effective: October 14, 1983 Latest Legislation: Senate Bill 115 – 115th General Assembly If it appears that the instrument purporting to be a will is not entitled to admission to probate, the court shall enter an interlocutory order denying probate of the instrument, and shall continue the matter for further hearing. The court shall order […]
Effective: April 8, 2004 Latest Legislation: House Bill 51 – 125th General Assembly (A)(1) Subject to divisions (A)(2) and (B) of this section, when a will has been admitted to probate, the fiduciary for the estate or another person specified in division (A)(4) of this section shall, within two weeks of the admission of the […]
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly When admitted to probate every will shall be filed in the office of the probate judge and recorded, together with any testimony or prior judgment of a court declaring the will valid pursuant to division (A)(1) of section 5817.10 of the Revised […]
