Last Will and Testament in Ohio
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Ohio law says
| 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 |
|---|---|
| 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 |
| 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 |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Ohio tenant rights
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.