reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.28 | Will Lost, Spoliated, or Destroyed After Admission to Probate.

Effective:
July 23, 2002
Latest Legislation:
House Bill 345 - 124th General Assembly
If a will is lost, spoliated, destroyed, mislaid, or stolen, after it has been admitted to probate but before it has been recorded, upon notice being given to the persons as provided by section 2107.27 of the Revised Code, the probate court may hear testimony. If the court is satisfied that the contents of the will have been substantially proved, the court may record the will as thus proven. The record shall have all the effects of a record of the original will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.29 | Record of Will Destroyed.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When the record of a will is destroyed, a copy of the will or a copy of the will and its probate may be recorded by the probate court if it appears to the court's satisfaction that the record has been destroyed and if it appears, by reason of a certificate signed and sealed by the probate judge, that the copy is a true copy of the original will or a true copy of the original will and its probate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.30 | Original Will May Again Be Admitted to Probate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the record of a will has been destroyed, the original will may again be admitted to probate and record.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.31 | Limitations as to Contests.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 or for asserting rights thereunder. The record provided for in such sections must show that the original record was destroyed, and the time, as near as may be, when the will was originally admitted to probate and record.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.32 | Notice.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 immediately after admitting the will or copy to record give notice for three consecutive weeks in two weekly newspapers of the probate judge's county if two are published in the county, or if not, in one newspaper of general circulation in the county, stating the name of the person the record of whose will has been destroyed and the day when the record was supplied under those sections. All persons interested in the record, at any time within five years from the making of the record, may come into the probate court and contest the question whether the record that was supplied is the same as the destroyed record.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.35 | Encumbrances.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
An encumbrance upon real or personal property for the purpose of securing the payment of money or the performance of a covenant shall not revoke a previously executed will relating to that property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.36 | Effect of Alteration of Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 does not revoke the devise or bequest of the property. The devise or bequest shall pass to the devisee or legatee the actual interest of the testator that would otherwise descend to the testator's heirs or pass to the testator's next of kin, unless the instrument by which the alteration is made declares the testator's intention that it shall operate as a revocation of the previous devise or bequest.
If the instrument by which the alteration is made is wholly inconsistent with the previous devise or bequest, the instrument shall operate as a revocation of the devise or bequest, unless the instrument depends on a condition or contingency, and the condition is not performed or the contingency does not happen.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.38 | Destruction of a Subsequent Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a testator executes a second will, the destruction, cancellation, or revocation of the second will shall not revive the first will unless the terms of the revocation show that it was the testator's intention to revive and give effect to the testator's first will or unless, after the destruction, cancellation, or revocation of the second will, the testator republishes the testator's first will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.46 | Action by Fiduciary.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Any fiduciary may file an action in the probate court against creditors, legatees, distributees, or other parties, and ask the direction or judgment of the court in any matter respecting the trust, estate, or property to be administered, and the rights of the parties in interest.
If any fiduciary fails for thirty days to file an action under this section after a written request from a party in interest, the party making the request may file the action.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.47 | Protection of Purchaser Against Will or Later Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) The title, estate, or interest of a bona fide purchaser, lessee, or encumbrancer, for value, in real property situated in this state, that is derived from an heir of a decedent and acquired without knowledge of a will of the decedent that effectively disposes of it to another person, shall not be defeated by the production of a will of the decedent, unless, in the case of a resident decedent, the will is offered for probate within three months after the death of the decedent, or unless, in the case of a nonresident decedent, the will is offered for record in this state within three months after the death of the decedent.
(B) The title, estate, or interest of a bona fide purchaser, lessee, or encumbrancer, for value, in real property situated in this state, that is derived from a beneficiary under a will of a decedent and acquired without knowledge of a later will of the decedent that effectively disposes of it to another person, shall not be defeated by the production of a later will of the decedent, unless, in the case of a resident decedent, the later will is offered for probate within three months after the death of the decedent, or unless, in the case of a nonresident decedent, the later will is offered for record in this state within three months after the death of the decedent.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.48 | Foreign Will Cannot Be Contested Here.

Effective:
January 1, 1979
Latest Legislation:
House Bill 505 - 112th General Assembly
There shall be no proceeding in this state to contest a will executed and proved according to the law of another state or of a foreign country, relative to property in this state; but if such will is set aside in the state or country in which it is executed and proved, it shall be invalid in this state as to persons claiming under it who have notice of its being set aside, and invalid as to all other persons from the time an authenticated copy of the final order or decree setting it aside is filed in the office of the probate judge of the county in which the will is recorded.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.49 | Rule in Shelley's Case Abolished.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 the person's heirs in fee, the conveyance shall vest an estate for life only in the first taker and a remainder in fee simple in the heirs of the first taker. If the remainder is given to the heirs of the body of the life tenant, the conveyance shall vest an estate for life only in the first taker and a remainder in fee simple in the heirs of the body of the life tenant. The rule in Shelley's case is abolished by this section and shall not be given effect.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.50 | Property Acquired Subsequent to Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 under the decedent's will unless the will manifests a different intention.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.501 | Ademption - Exemptions.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) A specific devisee or legatee has the right to the remaining specifically devised or bequeathed property, and the following:
(1) Any balance on the purchase price, together with any security interest owing from a purchaser to the testator at death by reason of sale of the property;
(2) Any amount of condemnation award unpaid at death for the taking of the property;
(3) Any proceeds unpaid at death on fire or casualty insurance on the property;
(4) Property owned by the testator at death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised or bequeathed obligation.
(B) If specifically devised or bequeathed property is sold by a guardian, by an agent acting within the authority of a power of attorney, or by an agent acting within the authority of a durable power of attorney, or if a condemnation award or insurance proceeds are paid to a guardian, to an agent acting within the authority of a power of attorney, or to an agent acting within the authority of a durable power of attorney as a result of condemnation, fire, or casualty to the property, the specific devisee or legatee has the right to a general pecuniary devise or bequest equal to the net proceeds of sale, the condemnation award, or the insurance proceeds, and that devise or bequest shall be treated as property subject to section 2107.54 of the Revised Code. This section does not apply if subsequent to the sale, condemnation, fire, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one year. The right of the specific devisee or legatee is reduced by any right acquired under division (A) of this section.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.51 | When Whole Estate to Pass.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Every devise of an interest in real property in a will shall convey all the estate of the devisor in the property, unless it clearly appears by the will that the devisor intended to convey a less estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.521 | Specific References to Powers of Appointment.

Effective:
March 23, 1981
Latest Legislation:
Senate Bill 317 - 113th General Assembly
No provision of a will exercises a power of appointment held by the testator unless specific reference is made to the power.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.53 | Undevised Real Property Applied to Debts.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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, and the testator's personal property is insufficient to pay the testator's debts, the undevised real property shall be chargeable first with the debts, as far as it will go, in exoneration of the real property that is devised, unless it appears from the will that a different arrangement of assets was made for the payment of the testator's debts, in which case the assets shall be applied for that purpose in conformity with the will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.54 | Contribution - Exception.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) When real or personal property, devised or bequeathed, is taken from the devisee or legatee for the payment of a debt of the testator, the other devisees and legatees shall contribute their respective proportions of the loss to the person from whom the payment was taken so that the loss will fall equally on all the devisees and legatees according to the value of the property received by each of them.
If, by making a specific devise or bequest, the testator has exempted a devisee or legatee from liability to contribute to the payment of debts, or if the will makes a different provision for the payment of debts than the one prescribed in this section, the estate shall be applied in conformity with the will.
(B) A devisee or legatee shall not be prejudiced by the fact that the holder of a claim secured by lien on the property devised or bequeathed failed to present the claim to the executor or administrator for allowance within the time allowed by sections 2117.06 and 2117.07 of the Revised Code, and the devisee or legatee shall be restored by right of contribution, exoneration, or subrogation, to the position the devisee or legatee would have occupied if the claim had been presented and allowed for the sum that is justly owing on it.
(C) A devisee of real property that is subject to a mortgage lien that exists on the date of the testator's death, who does not have a right of exoneration that extends to that lien because of the operation of division (B) of section 2113.52 of the Revised Code, has a duty to contribute under this section to devisees and legatees who are burdened if the claim secured by the lien is presented and allowed pursuant to Chapter 2117. of the Revised Code.
(D) This section does not affect the liability of the whole estate of the testator for the payment of the testator's debts. This section applies only to the marshaling of the assets as between those who hold or claim under the will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.55 | Portion of Pretermitted Heir, or of Witness, Subject to Contribution.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a part of the estate of a testator descends to a child born or adopted, or to an heir designated, after the execution of the will, or to a child absent and reported to be dead at the time of execution of the will but later found to be alive, or to a witness to a will who is a devisee or legatee, the estate and the advancement made to the child, heir, or witness for all the purposes mentioned in section 2107.54 of the Revised Code shall be considered as if it had been devised to that child, heir, or witness and the child, heir, or witness shall be bound to contribute with the devisees and legatees, as provided by that section, and may claim contribution from them accordingly.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.56 | Liability in Case of Insolvency.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 Code, is insolvent, the others shall be severally liable to each other for the loss occasioned by the insolvency, each being liable in proportion to the value of the property received by the person from the estate of the deceased. If any one of the persons liable dies without paying the person's proportion of the debt, the executors and administrators of the person's estate shall be liable for that proportion to the extent to which the person would have been liable if living.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.57 | Contribution Enforced.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 which contribution is to be made among devisees, legatees, and heirs, may be heard and determined in a single action.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.58 | Order of Sale to Pay Debts.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a sale of real property aliened or unaliened by a devisee or heir is ordered for the payment of the debts of an estate, sections 2107.53 to 2107.57 of the Revised Code do not prevent the probate court from making an order and decree for the sale of any portion of the aliened or unaliened real property that is equitable among the parties, and making an order of contribution and further order and decree to settle and adjust the various rights and liabilities of the parties.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.59 | Sale of Real Property by Executor's Successor.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 to 2129.07 of the Revised Code, and interests in real property are given or devised by the will to the executors named in the will, or nominated pursuant to a power as described in section 2107.65 of the Revised Code, to be sold or conveyed, or the interests in real property thereby are ordered to be sold by the executors and one or more of the executors dies, refuses to act, or neglects to take upon self the execution of the will, then all sales and conveyances of the interests in real property by the executors who took upon themselves in this state the execution of the will, or the survivor of them, shall be as valid as if the remaining executors had joined in the sale and conveyance. But if none of the executors take upon themselves the execution of the will, or if all the executors who take out letters testamentary die, resign, or are removed before the sale and conveyance of the interests in real property, or die, resign, or are removed after the sale and before the conveyance is made, the sale or conveyance, or both, shall be made by the administrator with the will annexed or, if any, by a successor executor or successor coexecutor nominated pursuant to a power as described in section 2107.65 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.60 | Oral Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
An oral will, made in the last sickness, shall be valid in respect to personal property if reduced to writing and subscribed by two competent disinterested witnesses within ten days after the speaking of the testamentary words. The witnesses shall prove that the testator was of sound mind and memory, not under restraint, and that the testator called upon some person present at the time the testamentary words were spoken to bear testimony to the disposition as the testator's will.
No oral will shall be admitted to record unless it is offered for probate within three months after the death of the testator.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.61 | Will Ineffectual.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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, no will is effectual to transfer real or personal property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.62 | Expenses and Fees.

Effective:
January 1, 1979
Latest Legislation:
House Bill 505 - 112th General Assembly
The expense of proving and recording wills and of any action for declaratory judgment of validity shall be paid by the party at whose instance this is done. The witnesses and officers shall have the same fees for attendance and services as in other cases. When the executor or administrator is appointed, the expense shall be reimbursed out of the estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.63 | Real or Personal Property Devised, Bequeathed or Appointed to Trustee of Existing Trust.

Effective:
October 8, 1992
Latest Legislation:
House Bill 427 - 119th General Assembly
A testator may by will devise, bequeath, or appoint real or personal property or any interest in real or personal property to a trustee of a trust that is evidenced by a written instrument signed by the testator or any other settlor either before or on the same date of the execution of the will of the testator, that is identified in the will, and that has been signed, or is signed at any time after the execution of the testator's will, by the trustee or trustees identified in the will or their successors or by any other person lawfully serving, by court appointment or otherwise, as a trustee.
The property or interest so devised, bequeathed, or appointed to the trustee shall become a part of the trust estate, shall be subject to the jurisdiction of the court having jurisdiction of the trust, and shall be administered in accordance with the terms and provisions of the instrument creating the trust, including, unless the will specifically provides otherwise, any amendments or modifications of the trust made in writing before, concurrently with, or after the making of the will and prior to the death of the testator. The termination of the trust, or its entire revocation prior to the testator's death, shall invalidate the devise, bequest, or appointment to the trustee.
This section shall not affect any of the rights accorded to a surviving spouse under section 2106.01 of the Revised Code. This section applies, and shall be construed as applying, to the wills of decedents who die on or after the effective date of this amendment, regardless of the date of the execution of their wills.