Ohio will: Last will and testament requirements

Ohio last will and testament requirements

Here are the requirements for a valid will in Ohio:

• You must be at least 18 years old.
• You must be of sound mind and memory. This means that you:
  • Understand what it means to be making a will
  • Understand the nature and extent of your property and relationships
  • Can make reasonable judgments about the matters your will controls (for example, naming a guardian for your minor children)
• Your decision to execute your will must be free and voluntary. It can’t be the result of improper persuasion, coercion, or restraint.
• Your will must be in writing, meaning it exists in a physical form. For example, a will “in writing” can be one you’ve written by hand, or one you’ve typed on a computer and printed. A digital copy, like a PDF of your will saved on your computer, isn’t considered valid. Ohio also recognizes oral (or nuncupative) wills, but only in limited circumstances — for example, if the will-maker is dying and can’t prepare a written will.
• You must sign the end of your will in the presence of at least two competent witnesses, who also sign. According to the Ohio Revised Code, your witnesses must be at least 18 years old. Ideally, your witnesses should be “disinterested,” meaning they won’t receive any benefits from your will or from local inheritance laws.

Do you need to notarize your will in Ohio?

No — in Ohio, you don’t need to notarize your will to make it valid.

Some states allow you to use a notarized affidavit to make your will self-proving. When a will is self-proving, the court can usually accept your will without needing to contact your witnesses to prove its validity. However, self-proving wills aren’t allowed in Ohio.

Are holographic wills legal in Ohio?

Holographic wills, also called handwritten wills, are accepted in Ohio. To be valid, a holographic will must satisfy all of the same conditions as a standard will.

Estate attorneys generally don’t recommend making a holographic will. They can be difficult to prove legally valid in court, and they may contain errors or unclear wishes. Learn about the pitfalls of holographic wills, and alternative options you can use instead.

Ohio will executor requirements

Your executor is the person responsible for managing your probate estate and carrying out the wishes described in your will. They’ll work with the probate court to pay your debts and distribute your assets to the beneficiaries of your will.

You can use your will to name the person you’d like to be your executor. For your executor to be accepted by the Ohio court, they must be at least 18 years old and of sound mind.

It’s often most practical to choose an executor that lives in Ohio, and close to you. Ohio’s rules about out-of-state executors can be complicated. If you plan to name an executor who does not live in the state, consider speaking with an attorney for advice.

Revoking or changing your will in Ohio

Revoking your will

As long as you’re of sound mind, you can generally revoke (or nullify) your will in Ohio at any time before you die. There are a few ways you can revoke your will:

• Intentionally destroy it. You can burn, tear, shred, or otherwise destroy it.
• Ask someone to destroy it for you.
• Create a new one. Generally, a more recent will overrides any previous wills you’ve written. Be sure to include language that your new will should revoke your prior will, and destroy all previous wills and codicils to avoid confusion.

Change your will with a codicil

If you’d like to make a few changes to your will, rather than revoking it altogether, you may consider writing a codicil. A codicil is a legal document that revises your existing will. To be legally effective, codicils must be executed and witnessed just like a will. In Ohio, this means you must be of sound mind to make a codicil, and it must be signed by you and two witnesses.

Estate attorneys generally don’t recommend creating a codicil. It can be difficult to keep track of multiple documents, and codicils could make it more difficult to determine the will-maker’s wishes. In most cases, it’s usually safer to create a new will.

Probate in Ohio

Probate is the legal process of gathering the assets of a deceased person and distributing them to that person’s beneficiaries. During probate, your executor will prepare an inventory of your estate’s assets and manage those assets until they can be distributed. A court usually oversees the process to resolve any questions or disputes, make sure your remaining debts are paid, and ensure that your property is passed on to the right people or organizations.

Here’s a high-level overview of what happens during the probate process:

1. Someone, usually your executor or a family member, files your will (if you had one). In many states, there’s a deadline for when your will must be submitted to the probate court (for example, within three months after death). Ohio doesn’t have a strict deadline. But if someone knows a will exists, they’re obligated to submit it to the court. There can be penalties for withholding it.
2. The court validates your will.
3. The court appoints a representative, or executor, to oversee your estate.
4. Your executor identifies your assets and debts, and contacts your beneficiaries and creditors to notify them of your passing.
5. Your executor pays any of your debts, usually with money from your estate.
6. Your executor distributes assets to your beneficiaries according to the wishes you wrote in your will. If you didn’t have a will, your assets are distributed based on Ohio’s intestate laws.

Simplified probate procedures

Ohio offers a simplified probate process for small estates. The simplified process lets an executor pay debts and distribute property without court supervision. This can be easier and faster than court-supervised probate.

To qualify for the simplified process, the value of the estate must be one of the following:

• Less than $35,000
• Less than $100,000 if the surviving spouse inherits the entire estate
• Less than $5,000, or the funeral/burial expenses cost more than the estate

If an estate qualifies, the executor can file a request with the court to use the simplified procedure. In the request, the executor should include a description of all the assets in the estate, including:

• Bank account numbers and balances
• Stock and bond investment values
• Description of all vehicles in the estate, including year, make, model, and VIN
• Receipts for any funeral and burial expenses

During probate, creditors can collect debts and potential heirs can contest any wills brought before the court. If you want to contest a will in Ohio, you typically have three months from the probate court notice to do so.

Is Ohio a community property state?

No, Ohio isn’t a community property state. Community property states consider most assets acquired during a marriage to belong to both spouses equally, regardless of who earned or acquired it. As a result, the surviving spouse is usually entitled to inherit at least some portion of their spouse’s estate, even if the deceased spouse wrote something different in their will. In general, the longer a couple was married, the larger the surviving spouse’s portion of the estate will be.

Instead, Ohio follows the laws of equitable distribution. This means assets acquired during a marriage generally belong to the spouse who earned it (for example, jewelry).

However, your spouse may still be entitled to part of your estate when you pass away due to a statute called elective share, or statutory share. Ohio’s elective share law protects those who were cut out of their spouse’s will or left only a small part of their estate. Under the law, surviving spouses have a choice: they can accept the inheritance provided to them in the will, or choose to receive the elective share available to them under the law. In Ohio, the elective share is generally ⅓ of the estate if the will-writer has surviving descendants, but the exact amount can change depending on the situation.

Married individuals often leave the majority of their estate to their spouse. But if you and your spouse have agreed that your assets should go to someone else, it’s a good idea to get their permission in writing before you pass away. If you want to leave your spouse out of your will for any reason, consider meeting with an estate attorney to discuss your situation.

Ohio intestate succession

If you die without a will in Ohio, who inherits what you leave behind? Here’s the typical order of succession, according to the Ohio Revised Code:

• If you’re married and don’t have children, your spouse will inherit your estate.
• If you’re married and share children with your spouse, your spouse will inherit your estate. Under Ohio law, your “children” are defined as your blood or adopted descendants. Any foster children or stepchildren you have aren’t legally considered your children and aren’t entitled to part of your estate.
• If you’re married and have children with someone other than your spouse, your spouse will likely inherit at least a third of your entire estate. Your children outside the marriage will inherit the rest.
• If you’re not married and have children, your children will inherit your estate (usually in equal shares). If you have no children, then it’ll be passed on to your parents; if no parents, then siblings; and if no siblings, then your estate is distributed to any extended family you may have.
• If the court can’t find any living relatives by blood or marriage, the state of Ohio will inherit your property as a last resort.

If you want more information, you can read Ohio’s intestate succession laws on the Ohio Laws & Administrative Rules website.

Ohio’s intestacy laws can be complicated, which is why it’s a good idea to make a will. When you die without a will, you leave important decisions about your legacy in the hands of your local court and state laws. Learn more about how dying without a will can impact the people you love.

Estate and inheritance tax in Ohio

There are two types of taxes that could affect your estate and your heirs after you pass away: estate tax and inheritance tax. Some people refer to these as “death taxes.”

Ohio estate tax

In the US, your estate could be subject to estate taxes at both the state level and the federal level. However, like most states, Ohio no longer collects estate taxes.

For federal estate tax, the 2023 US federal estate tax exemption is $12.92 million for individuals and $25.84 million for married couples. This means your estate won’t owe any federal estate tax if your property is valued below this amount. At the end of 2025, the exemption threshold will drop to $5 million (adjusted for inflation) for individuals when the 2017 Tax Cuts and Jobs Act expires. This is something to consider when planning your estate. And since tax laws change frequently, this could be subject to change.

Ohio inheritance tax

Inheritance tax is a tax someone has to pay when they inherit property or assets from an estate. Like most states, Ohio doesn’t collect inheritance tax, and neither does the US federal government.

How to make a will in Ohio

If you don’t have a last will and testament, now is a great time to make one — and the process might be easier than you think. Here are the steps to write a will:

1. Decide how you’re going to write your will. Depending on your situation, you might choose to buy a will kit, use an online will template, or hire a lawyer.
2. Choose beneficiaries for all your assets. Beneficiaries are the people or organizations you want to inherit your property after you die. If you want, you can also donate to a charity in your will.
3. Choose guardians for your minor children or pets, if you have them.
4. Choose your will executor. This person will work with the probate court to carry out the wishes in your will.
5. Sign and witness your will according to Ohio law (that’s two disinterested witnesses who are at least 18 years old).
6. Store your will somewhere safe.

If you use FreeWill’s free online will-making software to write your will, our questionnaire takes you through each step of the process. When you’re done, you receive a document reflecting your wishes, along with instructions for how to sign and witness it to make it valid in Ohio. Everyone’s situation is unique, so if you have any questions or concerns about your will, consider meeting with an estate attorney.