An Ohio Last Will and Testament is a legal estate-planning document used to ensure an individual’s property and assets are properly distributed among their chosen beneficiaries upon death. A testator (person to whom the will belongs) can leave behind detailed instructions on how their personal and real property, fiduciary assets, cash-on-hand, life insurance policies, and even digital property is to be dispersed among loved ones in the event of the testator’s death. Typically, beneficiaries of the will are spouses, children, friends, blood relatives, charitable organizations, and any other individual or entity that the testator wishes inherit a portion of their estate. Under Ohio law, wills must be signed by the testator in the presence of two (2) or more competent witnesses; both these witnesses must sign the document. Though optional, the testator may have the document notarized for extra legal protection. This document may be revoked or amended at the discretion of the testator.
Table of Contents
Laws
Definition – (ORC 2107.01) – “Will” includes codicils to wills admitted to probate, lost, spoliated, or destroyed wills, and instruments declared valid under division (A)(1) of section 5817.10 of the Revised Code, but “will” does not include inter vivos trusts or other instruments that have not been admitted to probate.
Signing Requirements (ORC 2107.03) – Signed by the Testator and by two (2) or more competent Witnesses in the presence of each other.
Statutes – Chapter 2107 (Wills)
(Video) How to Make a Will in Ohio
How to Write
Step 1 – Ownership of the document may be established by entering the name of the testator at the top of the document in the field provided and must be followed by:
- The name of the testator
- City
- County
- Review the remainder of the paragraph
- Review the Expenses and Taxes section
Step 2 – Appointment of an Executor –
- Testator must enter the name of their selected executor
- City
- County
- State
Choice of an alternate representative would ensure that there will always be a trusted executor to distribute the estate in the manor in which the testator has expressed, in the event that the initially selected executor is at any time, unable to properly perform the estate’s distribution- Enter the following information:
- Name the alternate executor
- The City
- The County
- Alternate Executor’s State
Step 3 – Disposition of Property – Beneficiaries:
Beneficiaries – The following information will be required:
- Name each beneficiary
- Enter an address for all listed beneficiaries
- Relationship to the testator
- Enter the last four digits of the SSN for all beneficiaries
- List description(s) of any property that the testator will gift to each beneficiary respectively
Step 4 – Review all of the titled areas, as follows:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures – Persons who shall serve as signatories, must all be present at the time of the signing on completion. Provide the following:
- Testator
- Date testator’s signature – dd/mm/yyyy
- Signature (Testator)
- Print the testator’s name
Witnesses – Witnesses must review the statement then provide:
- The signatures must be dated – dd/mm/yyyy
- Enter name of testator
Witness 1 –
- Signature of witness
- Address
Witness 2 –
- Signature of witness
- Address
Step 6 – Affidavit of Testament – Must be carefully reviewed by all. The following must be provided:
- State
- County
- Name of Testator
- 1st Witness’ name
- 2nd Witness’ name
- Also provide:
- Testator’s own signature
- 1st Witness signature
- 2nd Witness signature
Step 7 (Optional) – Notary Public – The remainder of the document, after all signatures have been witnessed, will be completed and acknowledged by the notary public.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word, OpenDocument