Ohio Revised Code Search
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Section 2107.18 | Admission of will to probate.
...diction in which the testator was domiciled at the time of the testator's death. The probate court shall admit a will to probate when there has been a prior judgment by a court declaring that the will is valid, rendered pursuant to division (A)(1) of section 5817.10 of the Revised Code, if the will has not been revoked. |
Section 2107.181 | Interlocutory orders - rehearing.
...ent 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 that not less than ten days' notice of the further hearing be given by the applicant, the executor named in the instrument, the persons holding a power to nominate an executor as described in sectio... |
Section 2107.19 | Notice of admission of will to probate.
...s to jurisdiction or to persons whose names or places of residence are unknown and cannot with reasonable diligence be ascertained, and a person authorized by division (A)(4) of this section to give notice shall file in the probate court a certificate to that effect. |
Section 2107.20 | Filing and recording of will - certified copy.
...e 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 Code, by the judge or the clerk of the probate court in a book to be kept for that purpose. A copy of the recorded will, with a copy of the order of probate annexed to the copy of the recorded will, certified by the judge under seal of t... |
Section 2107.21 | Recorded in each county where real property is situated.
...If real property devised by will is situated in any county other than that in which the will is proved, declared valid, or admitted to probate, an authenticated copy of the will and the order of probate or the judgment declaring validity shall be admitted to the record in the office of the probate judge of each county in which the real property is situated upon the order of that judge. The authenticated copy s... |
Section 2107.22 | Probate of will of later date.
...diction in which the testator was domiciled at the time of the testator's death. (b) Upon the demand of a person interested in having a will of later date admitted to probate, the probate court shall cause at least two of the witnesses to the will of later date, and any other witnesses that the interested person desires to have appear, to come before the probate court and provide testimony. If the interested person ... |
Section 2107.24 | Treatment of document as will notwithstanding noncompliance with statute.
...s a purported will has established, by clear and convincing evidence, all of the following: (1) The decedent prepared the document or caused the document to be prepared. (2) The decedent signed the document and intended the document to constitute the decedent's will. (3) The decedent signed the document under division (A)(2) of this section in the conscious presence of two or more witnesses. As used in div... |
Section 2107.26 | Lost, spoliated, or destroyed wills may be admitted to probate.
...e proponent of the will establishes by clear and convincing evidence both of the following: (1) The will was executed with the formalities required at the time of execution by the jurisdiction in which it was executed. (2) The contents of the will. (B) No person opposing the admission of the will to probate establishes by a preponderance of the evidence that the testator had revoked the will. |
Section 2107.27 | Notice of application - testimony - probate.
...aken and reduced to writing by some competent person. The testimony shall be filed in the records of the probate court pertaining to the testator's estate. (C) If upon such proof the court finds that the requirements of section 2107.24 or 2107.26 of the Revised Code, whichever is applicable, have been met, the probate court shall find and establish the contents of the will as near as can be ascertained. The conten... |
Section 2107.28 | Will lost, spoliated, or destroyed after admission to probate.
...t, spoliated, destroyed, mislaid, or stolen, after it has been admitted to probate but before it has been recorded, upon notice being given to the persons as provided by section 2107.27 of the Revised Code, the probate court may hear testimony. If the court is satisfied that the contents of the will have been substantially proved, the court may record the will as thus proven. The record shall have all the effects ... |
Section 2107.29 | Record of will destroyed.
... reason of a certificate signed and sealed by the probate judge, that the copy is a true copy of the original will or a true copy of the original will and its probate. |
Section 2107.30 | Original will may again be admitted to probate.
...When the record of a will has been destroyed, the original will may again be admitted to probate and record. |
Section 2107.31 | Limitations as to contests.
...Sections 2107.29 and 2107.30 of the Revised Code do not affect the proceedings or extend the time for contesting the validity of any will or for asserting rights thereunder. The record provided for in such sections must show that the original record was destroyed, and the time, as near as may be, when the will was originally admitted to probate and record. |
Section 2107.32 | Notice.
...robate court and contest the question whether the record that was supplied is the same as the destroyed record. |
Section 2107.33 | Revocation of will.
...he parties intend to fully and finally settle their prospective property rights in the property of the other, whether by expected inheritance or otherwise, any disposition or appointment of property made by the will to the former spouse or to a trust with powers created by or available to the former spouse, any provision in the will conferring a general or special power of appointment on the former spouse, and any no... |
Section 2107.34 | Afterborn or pretermitted heirs.
...ion has been made in the will or by settlement for the pretermitted child or heir, or for that child's or heir's issue, the will shall not be revoked. Unless it appears by the will that it was the intention of the testator to disinherit the pretermitted child or heir, the devises and legacies granted by the will, except those to a surviving spouse, shall be abated proportionately, or in any other manner that is neces... |
Section 2107.35 | Encumbrances.
...An encumbrance upon real or personal property for the purpose of securing the payment of money or the performance of a covenant shall not revoke a previously executed will relating to that property. |
Section 2107.36 | Effect of alteration of property.
...r bequest shall pass to the devisee or legatee the actual interest of the testator that would otherwise descend to the testator's heirs or pass to the testator's next of kin, unless the instrument by which the alteration is made declares the testator's intention that it shall operate as a revocation of the previous devise or bequest. If the instrument by which the alteration is made is wholly inconsistent wit... |
Section 2107.37 | Subsequent marriage.
...A will executed by an unmarried person is not revoked by a subsequent marriage. |
Section 2107.38 | Destruction of a subsequent will.
...will shall not revive the first will unless the terms of the revocation show that it was the testator's intention to revive and give effect to the testator's first will or unless, after the destruction, cancellation, or revocation of the second will, the testator republishes the testator's first will. |
Section 2107.46 | Action by fiduciary.
...an action in the probate court against creditors, legatees, distributees, or other parties, and ask the direction or judgment of the court in any matter respecting the trust, estate, or property to be administered, and the rights of the parties in interest. If any fiduciary fails for thirty days to file an action under this section after a written request from a party in interest, the party making the request... |
Section 2107.47 | Protection of purchaser against will or later will.
...(A) The title, estate, or interest of a bona fide purchaser, lessee, or encumbrancer, for value, in real property situated in this state, that is derived from an heir of a decedent and acquired without knowledge of a will of the decedent that effectively disposes of it to another person, shall not be defeated by the production of a will of the decedent, unless, in the case of a resident decedent, the will is of... |
Section 2107.48 | Foreign will cannot be contested here.
...l order or decree setting it aside is filed in the office of the probate judge of the county in which the will is recorded. |
Section 2107.49 | Rule in Shelley's case abolished.
...first taker and a remainder in fee simple in the heirs of the first taker. If the remainder is given to the heirs of the body of the life tenant, the conveyance shall vest an estate for life only in the first taker and a remainder in fee simple in the heirs of the body of the life tenant. The rule in Shelley's case is abolished by this section and shall not be given effect. |
Section 2107.50 | Property acquired subsequent to will.
... shall pass under the decedent's will unless the will manifests a different intention. |