How to Make a Valid Will in Ohio
What Ohio law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: A person 18 or older, of sound mind and memory, and not under restraint may make a will. A will (other than an oral will) must be in writing, handwritten or typed, and signed at the end by the testator (or by another person in the testator's conscious presence and at the testator's… Ohio Rev. Code 2107.02; 2107.03
| Requirements for a valid will | A person 18 or older, of sound mind and memory, and not under restraint may make a will. A will (other than an oral will) must be in writing, handwritten or typed, and signed at the end by the testator (or by another person in the testator's conscious presence and at the testator's express direction). It must be attested and subscribed in the testator's conscious presence by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature. Source: Ohio Rev. Code 2107.02; 2107.03 |
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| Handwritten (holographic) wills | Ohio does not recognize unwitnessed handwritten wills. A handwritten will is valid only if it is signed and witnessed by two competent witnesses like any other will. If a document was not properly executed, the probate court may still treat it as a will after a hearing if clear and convincing evidence shows the decedent prepared it, signed it intending it to be a will, and signed it in the conscious presence of two or more witnesses. Source: Ohio Rev. Code 2107.03; 2107.24 |
| Self-proving affidavit | Ohio has no separate self-proving affidavit procedure. The probate court admits a will to probate if proper execution appears from the face of the will; the court may, if it chooses, require testimony from the witnesses. Source: Ohio Rev. Code 2107.18 |
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- Who Inherits If You Die Without a Will in Ohio
- How Probate Works in Ohio
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- Letters Testamentary in Ohio
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- All Ohio wills, probate and estate rules
FAQ
What makes a will valid in Ohio?
A person 18 or older, of sound mind and memory, and not under restraint may make a will. A will (other than an oral will) must be in writing, handwritten or typed, and signed at the end by the testator (or by another person in the testator's conscious presence and at the testator's express direction). It must be attested and subscribed in the testator's conscious presence by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature.
Is a handwritten will valid in Ohio?
Ohio does not recognize unwitnessed handwritten wills. A handwritten will is valid only if it is signed and witnessed by two competent witnesses like any other will. If a document was not properly executed, the probate court may still treat it as a will after a hearing if clear and convincing evidence shows the decedent prepared it, signed it intending it to be a will, and signed it in the conscious presence of two or more witnesses.
Does a will need to be notarized in Ohio?
Ohio has no separate self-proving affidavit procedure. The probate court admits a will to probate if proper execution appears from the face of the will; the court may, if it chooses, require testimony from the witnesses.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.