Ohio Revised Code Search

...ided that the will has not previously been admitted to probate in this state or in the state of the testator's domicile; (3) In the county of this state in which a court rendered a judgment declaring that the will was valid pursuant to division (A)(1) of section 5817.10 of the Revised Code. (B) For the purpose of division (A)(2) of this section, intangible personal property is located in the place where the instru...

...tion, all parties named in such will as legatees, devisees, trustees, or executors shall have notice of the hearing in such manner as may be ordered by the court. When that contest is made, the parties may call witnesses and shall be heard upon the question involved. The decision of the court as to its jurisdiction may be reviewed on error.

...se as for an absent or afterborn child under section 2107.34 of the Revised Code.

...ess cannot be obtained within a reasonable time. (B) When offered for probate, a will shall be admitted to probate and allowed when there has been a prior judgment by a court declaring that the will is valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, if the will has not been revoked.

...esides within it but is infirm and unable to attend court, the probate court may issue a commission with the will annexed directed to any suitable person. In lieu of the original will, the probate court, in its discretion, may annex to the commission a photocopy of the will or a copy of the will made by any similar process. The person to whom the commission is directed shall take the deposition or authorize th...

...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the will is valid, rendered pursuant to division (A)(1) of section 5817.10 of the Revised Code, if the will has not been revoked.

...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...

...e entitled to inherit from the testator under Chapter 2105. of the Revised Code if the testator had died intestate, and to all legatees and devisees named in the will. The notice shall mention the probate of the will and, if a particular person being given the notice is a legatee or devisee named in the will, shall state that the person is named in the will as beneficiary. A copy of the will admitted to probate is n...

...e recorded will, certified by the judge under seal of the judge's court, shall be as effectual in all cases as the original would be, if established by proof.

...d 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 shall have the same validity in the county in which the real property is situated as if probate had been had in t...

...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 ...

... (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 division (A)(3) of this section, "conscious presence" means within the range of any of the witnesses' senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication. (B) If the probate court holds a hearing pursu...

...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.

...e entitled to inherit from the testator under Chapter 2105. of the Revised Code if the testator had died intestate, to all legatees and devisees that are named in the will, and to all legatees and devisees that are named in the most recent will prior to the lost, spoliated, or destroyed will that is known to the applicant or in the most recent will prior to the document that is treated as a will if the most recent wi...

..., 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 o...

... 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.

...When the record of a will has been destroyed, the original will may again be admitted to probate and record.

...f 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.

...county, or if not, in one newspaper of general circulation in the county, stating the name of the person the record of whose will has been destroyed and the day when the record was supplied under those sections. All persons interested in the record, at any time within five years from the making of the record, may come into the probate court and contest the question whether the record that was supplied is the sa...

..., trustee, or guardian shall be revoked unless the will expressly provides otherwise. (C) Property prevented from passing to a former spouse or to a trust with powers created by or available to the former spouse because of revocation by this section shall pass as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse shall be interpreted as if t...

...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 necessary to give effect to the intention of the testator as shown by the will, so that the pretermitted child or he...

...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.

...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 with the previous devise or bequest, the instrument shall operate as a revocation of the devise or bequest, unless the instrument depends o...

...rried person is not revoked by a subsequent marriage.

...ion 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.