reglab/housing_qa huggingface dataset:
Ohio Rev Code § 2107.05 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.05 | Incorporation by Reference.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|(A) An existing document, book, record, or memorandum may be incorporated in a will by reference, if referred to as being in existence at the time the will is executed. That document, book, record, or memorandum shall be deposited in the probate court when the will is probated or within thirty days after the will is probated, unless the court grants an extension of time for good cause shown. A copy may be substituted for the original document, book, record, or memorandum if the copy is certified to be correct by a person authorized to take acknowledgments.(B) Notwithstanding division (A) of this section, if a will incorporates a trust instrument only in the event that a bequest or devise to the trust is ineffective, the trust instrument shall be deposited in the probate court not later than thirty days after the final determination that such bequest or devise is ineffective.(C) If a testator intends to incorporate a trust instrument in a will, the testator's will shall manifest that intent through the use of the term "incorporate," "made a part of," or similar language. In the absence of such clear and express intent, a trust instrument shall not be incorporated into or made a part of the will. Any language in the testator's will that only identifies a trust shall not be sufficient to manifest an intent to incorporate that trust instrument by reference in the will.(D) The amendment of this section by adding divisions (B) and (C) applies, and shall be construed as applying, to the wills of testators who die on or after the effective date of this amendment.
Ohio Rev Code § 2107.06 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.06 | Age Requirement for Witnessing Will.

Effective: July 23, 2002|Latest Legislation:  House Bill 345 - 124th General Assembly|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 make a will or to make a devise or bequest by will pursuant to section 2107.04 of the Revised Code.
Ohio Rev Code § 2107.07 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.07 | Deposit of Will.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|A will may be deposited by the testator, or by some person for the testator, in the office of the judge of the probate court in the county in which the testator lives, before or after the death of the testator, and if deposited after the death of the testator, with or without applying for its probate. Upon the payment of the fee of twenty-five dollars to the court, the judge shall receive, keep, and give a certificate of deposit for the will. That will shall be safely kept until delivered or disposed of as provided by section 2107.08 of the Revised Code. If the will is not delivered or disposed of as provided in that section within one hundred years after the date the will was deposited, the judge may dispose of the will in any manner the judge considers feasible. The judge shall retain an electronic copy of the will prior to its disposal after one hundred years under this section.Every will that is so deposited shall be enclosed in a sealed envelope that shall be indorsed with the name of the testator. The judge shall indorse on the envelope the date of delivery and the person by whom the will was delivered. The envelope may be indorsed with the name of a person to whom it is to be delivered after the death of the testator. The will shall not be opened or read until delivered to a person entitled to receive it, until the testator files a complaint in the probate court for a declaratory judgment of the validity of the will pursuant to section 5817.02 of the Revised Code, or until otherwise disposed of as provided in section 2107.08 of the Revised Code. Subject to section 2107.08 of the Revised Code, the deposited will shall not be a public record until the time that an application is filed to probate it.
Ohio Rev Code § 2107.08 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.08 | Delivery of Deposited Will.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|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 testator, to some person authorized by the testator by a written order, or to a probate court for a determination of its validity when the testator so requests. After the testator's death, the will shall be delivered to the person named in the indorsement on the envelope of the will, if there is a person named who demands it. If the testator has filed a complaint in the probate court for a judgment declaring the validity of the will pursuant to section 5817.02 of the Revised Code and a judgment is rendered pursuant to division (A)(1) of section 5817.10 of the Revised Code declaring the will valid, the judge of the court who rendered the judgment shall deliver the will to the proper probate court as determined under section 2107.11 of the Revised Code, upon the death of the testator, for probate.If no person named in the indorsement demands the will and it is not one that has been declared valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, it shall be publicly opened in the probate court within one month after notice of the testator's death and retained in the office of the probate judge until offered for probate. If the jurisdiction belongs to any other probate court, the will shall be delivered to the person entitled to its custody, to be presented for probate in the other court. If the probate judge who opens the will has jurisdiction of it, the probate judge immediately shall give notice of its existence to the executor named in the will or, if any, to the persons holding a power to nominate an executor as described in section 2107.65 of the Revised Code, or, if it is the case, to the executor named in the will and to the persons holding a power to nominate a coexecutor as described in that section. If no executor is named and no persons hold a power to nominate an executor as described in that section, the probate judge shall give notice to other persons immediately interested.
Ohio Rev Code § 2107.09 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.09 | Who May Enforce Production of a Will.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|(A) If real property is devised or personal property is bequeathed by a will, the executor or any interested person may cause the will to be brought before the probate court of the county in which the decedent was domiciled. By judicial order, the court may compel the person having the custody or control of the will to produce it before the court for the purpose of being proved.If the person having the custody or control of the will intentionally conceals or withholds it or neglects or refuses to produce it for probate without reasonable cause, the person may be committed to the county jail and kept in custody until the will is produced. The person also shall be liable to any party aggrieved for the damages sustained by that neglect or refusal.Any judicial order issued pursuant to this section may be issued into any county in the state and shall be served and returned by the officer to whom it is delivered.The officer to whom the process is delivered shall be liable for neglect in its service or return in the same manner as sheriffs are liable for neglect in not serving or returning a capias issued upon an indictment.(B) In the case of a will that has been declared valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, the judge of the probate court or of the general division of the court of common pleas to which the proceeding was transferred pursuant to division (A) of section 5817.04 of the Revised Code who made the declaration shall cause the judgment declaring the will valid to be brought before the proper probate court as determined by section 2107.11 of the Revised Code at a time after the death of the testator. If the death of the testator is brought to the attention of the applicable judge by an interested party, the judge shall cause the judgment declaring the will valid to be brought before the proper probate court at that time.
Ohio Rev Code § 2107.10 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.10 | Effect of Withholding Will.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|(A) No property or right, testate or intestate, shall pass to a beneficiary named in a will who knows of the existence of the will for one year after the death of the testator and has the power to control it and, without reasonable cause, intentionally conceals or withholds it or neglects or refuses within that one year to cause it to be offered for or admitted to probate. The property devised or bequeathed to that beneficiary shall pass as if the beneficiary had predeceased the testator.(B) No property or right, testate or intestate, passes to a beneficiary named in a will when the will was declared valid by a court pursuant to division (A)(1) of section 5817.10 of the Revised Code, the declaration took place in a county different from the county in which the will of the testator would be probated under section 2107.11 of the Revised Code, and the named beneficiary knew of the declaration and of the death of the testator and did not notify the judge of the court in which the will was declared valid. This division does not preclude a named beneficiary from acquiring property or rights from the estate of the testator for failing to notify a judge of that court if the named beneficiary reasonably believes that the judge has previously been notified of the testator's death.
Ohio Rev Code § 2107.11 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.11 | Jurisdiction to Probate.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|(A) A will shall be admitted to probate:(1) In the county in this state in which the testator was domiciled at the time of the testator's death;(2) In any county of this state where any real property or personal property of the testator is located if, at the time of the testator's death, the testator was not domiciled in this state, and provided 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 instrument evidencing a debt, obligation, stock, or chose in action is located or if there is no instrument of that nature where the debtor resides.
Ohio Rev Code § 2107.12 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.12 | Contest of Jurisdiction.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|When a will is presented for probate or for a declaratory judgment of its validity pursuant to Chapter 5817. of the Revised Code, persons interested in its outcome may contest the jurisdiction of the court to entertain the application. Preceding a hearing of a contest as to jurisdiction, 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.
Ohio Rev Code § 2107.15 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.15 | Witness a Devisee or Legatee.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|If a devise or bequest is made to a person who is one of only two witnesses to a will, the devise or bequest is void. The witness shall then be competent to testify to the execution of the will, as if the devise or bequest had not been made. If the witness would have been entitled to a share of the testator's estate in case the will was not established, the witness takes so much of that share that does not exceed the bequest or devise to the witness. The devisees and legatees shall contribute for that purpose as for an absent or afterborn child under section 2107.34 of the Revised Code.
Ohio Rev Code § 2107.16 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.16 | Will Proved in Certain Cases.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|(A) When offered for probate, a will may be admitted to probate and allowed upon such proof as would be satisfactory, and in like manner as if an absent or incompetent witness were dead:(1) If it appears to the probate court that a witness to such will has gone to parts unknown;(2) If the witness was competent at the time of attesting its execution and afterward became incompetent;(3) If testimony of a witness 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.
Ohio Rev Code § 2107.17 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.17 | Depositions May Be Taken by Commission.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|When a witness to a will, or other witness competent to testify at a probate or declaratory judgment proceeding, resides out of its jurisdiction, or resides 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 the taking of the deposition of the witness as provided by the Rules of Civil Procedure. The testimony, certified and returned, shall be admissible and have the same effect in the proceedings as if taken in open court.
Ohio Rev Code § 2107.18 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.18 | Admission of Will to Probate.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|The probate court shall admit a will to probate if it appears from the face of the will, or if the probate court requires, in its discretion, the testimony of the witnesses to a will and it appears from that testimony, that the execution of the will complies with the law in force at the time of the execution of the will in the jurisdiction in which the testator was physically present when it was executed, with the law in force in this state at the time of the death of the testator, or with the law in force in the jurisdiction 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.
Ohio Rev Code § 2107.181 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.181 | Interlocutory Orders - Rehearing.

Effective: October 14, 1983|Latest Legislation:  Senate Bill 115 - 115th General Assembly|If it appears that the instrument 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 section 2107.65 of the Revised Code, or a commissioner appointed by the court, to all persons named in the instrument as legatees, devisees, beneficiaries of a trust, trustees, executors, or persons holding a power to nominate an executor, coexecutor, successor executor, or successor coexecutor as described in section 2107.65 of the Revised Code. Upon further hearing, witnesses may be called, subpoenaed, examined, and cross-examined in open court or by deposition, and their testimony reduced to writing and filed in the same manner as in hearings for the admission of wills to probate. Thereupon, the court shall revoke its interlocutory order denying probate to the instrument, and admit it to probate, or enter a final order refusing to probate it. A final order refusing to probate the instrument may be reviewed on appeal.
Ohio Rev Code § 2107.20 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.20 | Filing and Recording of Will - Certified Copy.

Effective: March 22, 2019|Latest Legislation:  House Bill 595 - 132nd General Assembly|When admitted to probate every will shall be filed in the office of the probate judge and recorded, together with any testimony or prior judgment of a court declaring the will valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, by the judge or the clerk of the probate court in a book to be kept for that purpose.A copy of the recorded will, with a copy of the order of probate annexed to the copy of the 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.
Ohio Rev Code § 2107.21 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.21 | Recorded in Each County Where Real Property Is Situated.

Effective: January 13, 2012|Latest Legislation:  Senate Bill 124 - 129th General Assembly|If real property devised by will is situated in any county other than that in which the will is proved, declared 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 that county.
Ohio Rev Code § 2107.24 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.24 | Treatment of Document as Will Notwithstanding Noncompliance With Statute.

Effective: September 11, 2008|Latest Legislation:  Senate Bill 302 - 127th General Assembly|(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 of the Revised Code, that document shall be treated as if it had been executed as a will in compliance with the requirements of that section if a probate court, after holding a hearing, finds that the proponent of the document as a purported will has established, by clear and convincing evidence, all of the following: (1) The decedent prepared the document or caused the document to be prepared.(2) The decedent signed the document and intended the document to constitute the decedent's will.(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 pursuant to division (A) of this section and finds that the proponent of the document as a purported will has established by clear and convincing evidence the requirements under divisions (A)(1), (2), and (3) of this section, the executor may file an action in the probate court to recover court costs and attorney's fees from the attorney, if any, responsible for the execution of the document.
Ohio Rev Code § 2107.26 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.26 | Lost, Spoliated, or Destroyed Wills May Be Admitted to Probate.

Effective: October 29, 1999|Latest Legislation:  House Bill 59 - 123rd General Assembly|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.
Ohio Rev Code § 2107.27 (2021)
2021 Ohio Revised Code|Title 21 | Courts-Probate-Juvenile|Chapter 2107 | Wills|Section 2107.27 | Notice of Application - Testimony - Probate.

Effective: July 20, 2006|Latest Legislation:  House Bill 265 - 126th General Assembly|(A) When application is made to the probate court to admit to probate a will that has been lost, spoliated, or destroyed as provided in section 2107.26 of the Revised Code or a document that is treated as a will as provided in section 2107.24 of the Revised Code, the party seeking to prove the will shall give a written notice by certified mail to the surviving spouse of the testator, to all persons who would be 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 will is known to the applicant.(B) In the cases described in division (A) of this section, the proponents and opponents of the will shall cause the witnesses to the will, and any other witnesses that have relevant and material knowledge about the will, to appear before the court to testify. If any witnesses reside out of its jurisdiction, or reside within its jurisdiction but are infirm or unable to attend, the probate court may order their testimony to be taken and reduced to writing by some competent person. The testimony shall be filed in the records of the probate court pertaining to the testator's estate.(C) If upon such proof the court finds that the requirements of section 2107.24 or 2107.26 of the Revised Code, whichever is applicable, have been met, the probate court shall find and establish the contents of the will as near as can be ascertained. The contents of the will established under section 2107.26 of the Revised Code shall be as effectual for all purposes as if the original will had been admitted to probate and record. The contents of the will established under section 2107.24 of the Revised Code shall be as effectual for all purposes as if the document treated as a will had satisfied all of the requirements of section 2107.03 of the Revised Code and had been admitted to probate and record.