Understanding Ohio Will Execution: Formalities and Requirements

Planning for the future starts with a valid Last Will and Testament. In Ohio, a will must follow specific legal formalities to be recognized by the probate court. Failing to meet these requirements can lead to a will being declared invalid, causing your estate to be distributed according to Ohio's intestacy laws instead of your wishes.

Here is what you need to know about executing a will in the Buckeye State.

The Basic Requirements (O.R.C. § 2107.03)

Under Ohio Revised Code § 2107.03, every last will and testament (except for oral wills, which are rare and limited) must meet the following three pillars of execution:

1. It Must Be in Writing

A valid will in Ohio must be a written document. This can be typewritten or handwritten (holographic). However, unlike some other states, Ohio does not automatically recognize holographic wills unless they also meet the witness requirements listed below.

2. It Must Be Signed at the End

The testator (the person making the will) must sign the document at the very end. 

●       Signature by Proxy: If the testator is physically unable to sign, someone else may sign the testator's name at their express direction and in their conscious presence.

3. Attested and Subscribed by Two Witnesses

The will must be witnessed by at least two competent individuals.

●       The Sight Rule: The witnesses must see the testator sign the will, or the testator must acknowledge the signature to the witnesses.

●       The Signing: The witnesses must then sign the will in the presence of the testator.

The Role of Witnesses

Who can witness a will? In Ohio, witnesses must be "competent." 

●       Interested Witnesses: While a beneficiary of the will can technically witness it, doing so may void any gift given to that witness under the will (O.R.C. § 2107.15). It is always best to use "disinterested" witnesses—people who do not stand to inherit anything.

Protecting Your Future

Don't leave your legacy to chance. At Braden Blumenstiel Legal Advocates Group, LLC, we focus on Righting Wrongs and Protecting Futures. If you are concerned about the validity of a loved one's will or other estate planning document, we are here to provide the dedicated advocacy you deserve.

Contact us at 614-508-1677 or 1-800-343-9796 or fill out our online form today at www.BBLAG.com.

Righting Wrongs and Protecting Futures