How to Make a Valid Will in Ohio

Who Can Make a Will in Ohio?

You must be at least 18 years old to make a will in Ohio. No statutory exceptions for minors. The testator must be of sound mind and memory and not under restraint (ORC § 2107.02)

Signing Requirements

Must be in writing. Can be typed or printed. Ohio does not recognize holographic wills. If you are physically unable to sign, Another person may sign in the testator's conscious presence and at the testator's express direction. The signature must be at the end of the will (ORC § 2107.03).

Witness Requirements in Ohio

Ohio requires 2 witnesses. Must be competent witnesses. The will must be attested and subscribed by two or more competent witnesses in the presence of the testator (ORC § 2107.03).

Interested witnesses: An interested witness may serve but the bequest to that witness is void unless there are two other disinterested witnesses (ORC § 2107.15)

Notarization in Ohio

Notarization is not required for a will to be valid in Ohio. Not required for validity

Handwritten (Holographic) Wills

Ohio does not recognize holographic wills. Holographic wills are not recognized in Ohio

Electronic Wills

Ohio does not currently recognize electronic wills. Ohio does not currently have an electronic wills statute

Oral (Nuncupative) Wills

Recognized in limited circumstances: must be made during last sickness, at the testator's habitual dwelling (or where they became sick), before two disinterested witnesses. Only for personal property. Must be reduced to writing within 10 days and proved within 6 months (ORC § 2107.60)

How to Revoke a Will in Ohio

In Ohio, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction

ORC § 2107.33

Special Provisions in Ohio

Ohio is a separate property/common law state. Surviving spouse has an elective share: if one or two children or their representatives survive, one-third; if no children or their representatives survive, one-half (ORC § 2106.01). Ohio is one of the few states without a self-proving affidavit statute. Ohio requires the testator's signature at the end of the will. Ohio has a state estate tax for deaths before January 1, 2013 only

Relevant Ohio Statutes

• ORC § 2107.02 (Who may make a will)
• ORC § 2107.03 (Execution of wills)
• ORC § 2107.15 (Interested witnesses)
• ORC § 2107.33 (Revocation)
• ORC § 2107.60 (Nuncupative wills)
• ORC § 2106.01 (Elective share)