Section 2107.26 | Lost, spoliated, or destroyed wills may be admitted to probate.
When an original will is lost, spoliated, or destroyed before or after the death of a testator, the probate court shall admit the lost, spoliated, or destroyed will to probate if both of the following apply:
(A) The 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.
Available Versions of this Section
- October 29, 1999 – House Bill 59 - 123rd General Assembly [ View October 29, 1999 Version ]