Facebook Page
Learn
 / 
Wills
 / 
Ohio Last Will and Testament

Ohio Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 mins

 Read

It will put your mind at a lot of ease if you complete your Ohio last will and testament. You would not have to worry about your assets ending up in the wrong hands or not going to the ones you love. Family relations and dynamics can be complicated and different for everyone. If you don't list down who would inherit what, the court would have no choice but to follow the traditional succession rules. That's why you should take time and make a simple online last will. You need to follow the rules for your state to ensure that it is upheld in court.

To make an Ohio last will and testament, here's what you should follow.

Requirements for an Ohio Last Will and Testament 

  • Written will: An Ohio last will and testament must be on paper to be legal. It can also be a digital file or electronic will. Ohio allows self-written or holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for an Ohio last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Ohio last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.

Who can be your witnesses for an Ohio Last Will and Testament? 

Your witnesses for an Ohio last will must follow these conditions:

  • An Ohio witness must be at least 18 age.
  • They should be able to testify about what they saw and the will-making process.
  • You cannot select beneficiaries as witnesses for your Ohio will. They will lose their estate portion or gift as mentioned in the will.

Ohio rules for an oral will

Ohio allows an oral last will in certain special circumstances. It is spoken to a person or persons. An oral will should also have at least two disinterested witnesses. Here are the conditions:

  • Spoken by the testator during their last sickness
  • It's put in writing within ten days and witnessed by two disinterested witnesses.
  • The oral will is probated within three months after you pass away.

Ohio rules for a personal representative or an executor 

Choosing an executor for your Ohio last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. You need to select an adult as your Ohio will executor. 
  2. Ohio doesn't restrict you from choosing a convicted felon as your executor.
  3. Capable of performing the job, i.e., of a sound mind and memory. 
  4. Ohio allows you to choose someone out of state as your executor if they're related to you by blood, adoption, or marriage. They can also be your Ohio last will executor if they reside in a state that allows out-of-state executors.

Last will and Testament Notarization in Ohio

  • There's no need to notarize your Ohio last will and testament. 
  • Furthermore, Ohio doesn't allow a self-proving will. That's why after you pass away, the court would call your witnesses to testify.
Ohio Last Will and Testament

Ohio Last Will Revocation 

You could follow any of these steps to revoke your Ohio last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding. 
  • Making a new legal will that revokes any part or the entire previous will.
  • Create new writing that states the revocation of your previous last will.
  • Ordering someone to destroy your Ohio will before you or according to your written instructions.

Ohio Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Ohio last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Ohio rules for divorce after making your last will

  • Ohio law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Ohio will or remarry your ex.

What happens if you don't have a will in Ohio? 

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)



Spouse gets everything 

Has a spouse and one child (or descendants from that child)

(Children you share with someone else)

Spouse gets the first $20,000 of your estate and one-half of the balance 




Descendants inherit the balance

Has a spouse and more than one child 

Spouse gets the first $60,000 of your estate and one-third of the balance (if the spouse is the natural or adoptive parent of at least one child)


Spouse gets the first $20,000 of your estate and one-third of the balance (if the spouse is not the parent of any child)



Descendants inherit the balance

 

Last Will and Testament Ohio Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Ohio free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Ohio last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Ohio last will and testament. 

Fax my document instantly
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Frequently Asked Questions

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.

Can I leave my spouse or family out of my will?

You can leave all your assets to anyone you want. It can be a stranger or an organization. However, you should consult an expert before finalizing the will to avoid any issues.

Can I decide who would look after my minor children in my will?

Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.

Should I update my will?

You should regularly check and update your last will after certain life events. It can be a new marriage, a child, or a divorce. Either way, keep updating your will after some time.

Do I need to notarize my will?

Different states have varying requirements for Notarization. It's better to read your state rules before finalizing your last will and testament.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
Read More
Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

Book a free session
Contents
Do you need any help? We have a free session for you!
Talk to our team and get all the help you need to create your estate plan.
Book a free session
Thinking of creating a will to secure your loved ones?
Start your estate plan online
  • Resume anytime
  • Done from your home
  • Expert support when you need it