Ohio Revised Code Chapter 2107 - Wills

• Section 2107.01 - Will Construed.
  As used in Chapters 2101. to 2131. of the Revised Code : (A) "Will" includes codicils to wills admitted to probate, lost, spoliated, or...
• Section 2107.011 - Inheritance And Bequest Defined.
  Except when the intent of the testator clearly is to the contrary, the following rules of construction shall apply in interpreting the terms "inheritance"...
• Section 2107.02 - Who May Make Will.
  A person who is eighteen years of age or older, of sound mind and memory, and not under restraint may make a will. Amended...
• Section 2107.03 - Method Of Making Will.
  Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by...
• Section 2107.04 - Agreement To Make A Will.
  No agreement to make a will or to make a devise or bequest by will shall be enforceable unless it is in writing. The...
• Section 2107.05 - Incorporation By Reference.
  An existing document, book, record, or memorandum may be incorporated in a will by reference, if referred to as being in existence at the...
• Section 2107.06 - Age Requirement For Witnessing Will.
  No person under eighteen years of age shall witness a will executed pursuant to section 2107.03 of the Revised Code or an agreement to...
• Section 2107.07 - Deposit Of Will.
  A will may be deposited by the testator, or by some person for the testator, in the office of the judge of the probate...
• Section 2107.08 - Delivery Of Deposited Will.
  During the lifetime of a testator, the testator's will, deposited according to section 2107.07 of the Revised Code, shall be delivered only to the...
• Section 2107.081 - Complaint For Judgment Declaring Validity Of Will.
  (A) A person who executes a will allegedly in conformity with the laws of this state may file a complaint in the probate court...
• Section 2107.082 - Service Of Process In Action For Judgment Declaring Validity Of Will.
  Service of process in an action authorized by section 2107.081 of the Revised Code shall be made on every party defendant named in the...
• Section 2107.083 - Hearing On Complaint For Judgment Declaring Validity Of Will.
  When a complaint is filed pursuant to section 2107.081 of the Revised Code, the probate court shall conduct a hearing on the validity of...
• Section 2107.084 - Declaration Of Validity - Revoking Or Modifying A Will Declared Valid.
  (A) The probate court shall declare the will valid if, after conducting a proper hearing pursuant to section 2107.083 of the Revised Code, it...
• Section 2107.085 - Evidence And Effect Of Declaration.
  The finding of facts by a probate court in a proceeding brought under sections 2107.081 to 2107.085 of the Revised Code is not admissible...
• Section 2107.09 - Who May Enforce Production Of A Will.
  (A) If real property is devised or personal property is bequeathed by a will, the executor or any interested person may cause the will...
• Section 2107.10 - Effect Of Withholding Will.
  (A) No property or right, testate or intestate, shall pass to a beneficiary named in a will who knows of the existence of the...
• Section 2107.11 - Jurisdiction To Probate.
  (A) A will shall be admitted to probate: (1) In the county in this state in which the testator was domiciled at the time...
• Section 2107.12 - Contest Of Jurisdiction.
  When a will is presented for probate or for a declaratory judgment of its validity pursuant to section 2107.081 of the Revised Code, persons...
• Section 2107.13, 2107.14 - [Repealed].
  Effective Date: 05-31-1990
• Section 2107.15 - Witness A Devisee Or Legatee.
  If a devise or bequest is made to a person who is one of only two witnesses to a will, the devise or bequest...
• Section 2107.16 - Will Proved In Certain Cases.
  (A) When offered for probate, a will may be admitted to probate and allowed upon such proof as would be satisfactory, and in like...
• Section 2107.17 - Depositions May Be Taken By Commission.
  When a witness to a will, or other witness competent to testify at a probate or declaratory judgment proceeding, resides out of its jurisdiction,...
• Section 2107.18 - Admission Of Will To Probate.
  The probate court shall admit a will to probate if it appears from the face of the will, or if the probate court requires,...
• Section 2107.181 - Interlocutory Orders - Rehearing.
  If it appears that the instrument purporting to be a will is not entitled to admission to probate, the court shall enter an interlocutory...
• Section 2107.19 - Notice Of Admission Of Will To Probate.
  (A) (1) Subject to divisions (A)(2) and (B) of this section, when a will has been admitted to probate, the fiduciary for the estate...
• Section 2107.20 - Filing And Recording Of Will - Certified Copy.
  When admitted to probate every will shall be filed in the office of the probate judge and recorded, together with any testimony or prior...
• 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...
• Section 2107.22 - Probate Of Will Of Later Date.
  (A) (1) (a) When a will has been admitted to probate by a probate court and another will of later date is presented to...
• Section 2107.23 - [Repealed].
  Effective Date: 05-26-1976
• Section 2107.24 - Treatment Of Document As Will Notwithstanding Noncompliance With Statute.
  (A) If a document that is executed that purports to be a will is not executed in compliance with the requirements of section 2107.03...
• Section 2107.25 - [Repealed].
  Effective Date: 08-26-1977
• 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,...
• Section 2107.27 - Notice Of Application - Testimony - Probate.
  (A) When application is made to the probate court to admit to probate a will that has been lost, spoliated, or destroyed as provided...
• Section 2107.28 - Will Lost, Spoliated, Or Destroyed After Admission To Probate.
  If a will is lost, spoliated, destroyed, mislaid, or stolen, after it has been admitted to probate but before it has been recorded, upon...
• Section 2107.29 - Record Of Will Destroyed.
  When the record of a will is destroyed, a copy of the will or a copy of the will and its probate may be...
• 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. Effective Date: 10-01-1953
• 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...
• Section 2107.32 - Notice.
  Every probate judge who admits a will or copy of a will to record under sections 2107.29 to 2107.31 of the Revised Code shall...
• Section 2107.33 - Revocation Of Will.
  (A) A will shall be revoked in the following manners: (1) By the testator by tearing, canceling, obliterating, or destroying it with the intention...
• Section 2107.34 - Afterborn Or Pretermitted Heirs.
  If, after making a will , a testator has a child born alive, adopts a child, or designates an heir in the manner provided...
• 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...
• Section 2107.36 - Effect Of Alteration Of Property.
  An act of a testator that alters but does not wholly divest the testator's interest in property previously devised or bequeathed by the testator...
• Section 2107.37 - Subsequent Marriage.
  A will executed by an unmarried person is not revoked by a subsequent marriage. Effective Date: 01-01-1976
• Section 2107.38 - Destruction Of A Subsequent Will.
  If a testator executes a second will, the destruction, cancellation, or revocation of the second will shall not revive the first will unless the...
• Section 2107.39 To 2107.45 - Amended And Renumbered Rc 2106.01 To 2106.08.
  Effective Date: 05-31-1990
• Section 2107.46 - Action By Fiduciary.
  Any fiduciary may file an action in the probate court against creditors, legatees, distributees, or other parties, and ask the direction or judgment of...
• 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...
• Section 2107.48 - Foreign Will Cannot Be Contested Here.
  There shall be no proceeding in this state to contest a will executed and proved according to the law of another state or of...
• Section 2107.49 - Rule In Shelley's Case Abolished.
  When interests in real property are given by deed or will to a person for the person's life, and after the person's death to...
• Section 2107.50 - Property Acquired Subsequent To Will.
  Any estate, right, or interest in any property of which a decedent had an interest at the time of the decedent's death shall pass...
• Section 2107.501 - Ademption - Exemptions.
  (A) A specific devisee or legatee has the right to the remaining specifically devised or bequeathed property, and the following: (1) Any balance on...
• Section 2107.51 - When Whole Estate To Pass.
  Every devise of an interest in real property in a will shall convey all the estate of the devisor in the property, unless it...
• Section 2107.52 - Deceased Devisee; Class Gifts.
  (A) As used in this section: (1) "Class member" means an individual who fails to survive the testator but who would have taken under...
• Section 2107.521 - Specific References To Powers Of Appointment.
  No provision of a will exercises a power of appointment held by the testator unless specific reference is made to the power. Effective Date:
• Section 2107.53 - Undevised Real Property Applied To Debts.
  When part of the real property of a testator descends to the testator's heirs because it was not disposed of by the testator's will,...
• Section 2107.54 - Contribution - Exception.
  (A) When real or personal property, devised or bequeathed, is taken from the devisee or legatee for the payment of a debt of the...
• Section 2107.55 - Portion Of Pretermitted Heir, Or Of Witness, Subject To Contribution.
  When a part of the estate of a testator descends to a child born or adopted, or to an heir designated, after the execution...
• Section 2107.56 - Liability In Case Of Insolvency.
  When any of the persons liable to contribute toward the discharge of a testator's debt according to sections 2107.54 and 2107.55 of the Revised...
• Section 2107.57 - Contribution Enforced.
  All cases arising under sections 2107.01 to 2107.62, inclusive, of the Revised Code, in which devisees or legatees are required to contribute or in...
• Section 2107.58 - Order Of Sale To Pay Debts.
  When a sale of real property aliened or unaliened by a devisee or heir is ordered for the payment of the debts of an...
• Section 2107.59 - Sale Of Real Property By Executor's Successor.
  When a will is admitted to probate, or a will made out of this state is admitted to record as provided by sections 2129.05...
• Section 2107.60 - Oral Will.
  An oral will, made in the last sickness, shall be valid in respect to personal property if reduced to writing and subscribed by two...
• Section 2107.61 - Will Ineffectual.
  Unless it has been admitted to probate or record, as provided in sections 2107.01 to 2107.62 or 2129.05 to 2129.07 of the Revised Code,...
• Section 2107.62 - Expenses And Fees.
  The expense of proving and recording wills and of any action for declaratory judgment of validity shall be paid by the party at whose...
• Section 2107.63 - Real Or Personal Property Devised, Bequeathed Or Appointed To Trustee Of Existing Trust.
  A testator may by will devise, bequeath, or appoint real or personal property or any interest in real or personal property to a trustee...
• Section 2107.64 - Trustee Named In Will As Beneficiary.
  A policy of life insurance, or an employee or self-employed benefit plan including, but not limited to, an employee trust or annuity plan, a...
• Section 2107.65 - Conferring Power To Name Executor.
  A testator may confer in the testator's will, upon one or more persons, the power to nominate, in writing, an executor, coexecutor, successor executor,...
• Section 2107.71 - Civil Action To Contest Validity Of Will.
  (A) A person interested in a will or codicil admitted to probate in the probate court that has not been declared valid by judgment...
• Section 2107.72 - Rules Of Procedure - Jury Trial.
  (A) The Rules of Civil Procedure govern all aspects of a will contest action, except as otherwise provided in sections 2107.71 to 2107.77 of...
• Section 2107.73 - Parties To Will Contest Action.
  Persons who are necessary parties to a will contest action are as follows: (A) Any person designated in a will to receive a testamentary...
• Section 2107.74 - Order Of Probate Prima-facie Evidence Of Attestation, Execution And Validity Of Will.
  On the trial of any will contest under section 2107.71 of the Revised Code, the order of probate is prima-facie evidence of the attestation,...
• Section 2107.75 - Administration Costs Of Purported Last Will Or Codicil.
  When the jury or the court finds that the writing produced is not the will or codicil of the testator, the trial court shall...
• Section 2107.76 - Will Contest Action - Time Limits.
  No person who has received or waived the right to receive the notice of the admission of a will to probate required by section...
• Section 2107.77 - Later Wills.
  Sections 2107.71 to 2107.76 of the Revised Code apply to later wills admitted to probate. Effective Date: 05-26-1976

Last modified: October 10, 2016