Ohio's Requirements for a Will
Ohio's Requirements for a Will
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Ohio's Requirements for a Will

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Summary of Ohio's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) Yes
Holographic Wills (Hand-Written, Unwitnessed) No
Number of Witnesses Required 2
Self-Proving Affidavit No
Statutory Form for Self-Proving Affidavit No

 

 

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Statutes Governing Ohio's Will Requirements:

 

Who may make a will

A person of the age of eighteen years, or over, [of] sound mind and memory, and not under restraint[,] may make a will. 

Ohio Revised Code, § 2107.02.

 

Method of making will

Except oral wills, every last will and testament shall be in writing, but may be handwritten or typewritten. Such will shall be signed at the end by the party making it, or by some other person in such party's presence and at his express direction, and be attested and subscribed in the presence of such party, by two or more competent witnesses, who saw the testator subscribe, or heard him acknowledge his signature.

Ohio Revised Code, § 2107.03.

 

Agreement to make a will

No agreement to make a will or to make a devise or bequest by will shall be enforceable unless it is in writing. Such agreement must be signed by the maker or by some other person at such maker's express direction. If signed by a person other than such maker, the instrument must be subscribed by two or more competent witnesses who heard such maker acknowledge that it was signed at his direction.

Ohio Revised Code, § 2107.04.

 

Incorporation by reference

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. Such document, book, record, or memorandum shall be deposited in the probate court when the will is probated or within thirty days thereafter, unless the court grants an extension of time for good cause shown. A copy may be substituted for the original document, book, record, or memorandum if such copy is certified to be correct by a person authorized to take acknowledgments on deeds.

Ohio Revised Code, § 2107.05.

 

Age requirment for witnessing will

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 Revised Code.

Ohio Revised Code, § 2107.06.

 

Oral will

An oral will, made in the last sickness, shall be valid in respect to personal estate if reduced to writing and subscribed by two competent disinterested witnesses within ten days after the speaking of the testamentary words. Such witnesses must prove that the testator was of sound mind and memory, not under restraint, and that he called upon some person present at the time the testamentary words were spoken to bear testimony to such disposition as his will.

Ohio Revised Code, § 2107.60

 

Will ineffectual

Unless it has been admitted to probate or record, as provided in sections 2107.01 to 2107.62, inclusive, and 2129.05 to 2129.07, inclusive, of the Revised Code, no will is effectual to pass real or personal estate.

Ohio Revised Code, § 2107.61

 

Foreign wills

Authenticated copies of wills, executed and proved according to the laws of any state or territory of the United States, relative to property in this state, may be admitted to record in the probate court of a county where a part of such property is situated. Such authenticated copies, so recorded, shall be as valid as wills made in this state.

When such a will, or authenticated copy, is admitted to record, a copy thereof, with the copy of the order to record it annexed thereto, certified by the probate judge under the seal of his court, may be filed and recorded in the office of the probate judge of any other county where a part of such property is situated, and it shall be as effectual as the authenticated copy of such will would be if approved and admitted to record by the court.

Ohio Revised Code, § 2129.05

 

Will made outside the United States

A will executed, proved, and allowed in a country other than the United States and territories thereof, according to the laws of such foreign state or country, may be allowed and admitted to record in this state in the manner and for the purpose mentioned in sections 2129.07 to 2129.30, inclusive, of the Revised Code.

Ohio Revised Code, § 2129.06

 

[Reference - Ohio Requirements for a Will]

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