Ohio Will Requirements Statute

The requirements for making a Will in Ohio are set out in title 21 courts – probate – juvenile statute of the Ohio revised code. Here are select provisions from the code:
2107.01 Will construed. In Chapters 2101. to 2131. of the Revised Code, “will” includes codicils to wills admitted to probate, lost, spoliated, or destroyed wills, and instruments admitted to probate under section 2107.081 of the Revised Code, but “will” does not include inter vivos trusts or other instruments that have not been admitted to probate. 2107.011 Inheritance and bequest defined. Except when the intent of the testator clearly is to the contrary, the following rules of construction shall apply in interpreting the terms “inheritance” and “bequest” : (A) The term “inheritance,” in addition to its meaning at common law or under any other section or sections of the Revised Code, includes any change of title to real property by reason of the death of the owner of that real property, regardless of whether the owner died testate or intestate. (B) The term “bequest,” in addition to its meaning at common law or under any other section or sections of the Revised Code, includes any testamentary disposition of real property and any testamentary disposition of a vendor’s interest in a land installment contract. (C) The terms “inheritance” and “bequest,” as defined in the rules of construction set forth in divisions (A) and (B) of this section, apply to the interest in, the title to, or both the interest in and the title to, any real property to which a fiduciary succeeds by reason of the death of the prior holder of that interest, title, or interest and title, regardless of whether the prior holder died testate or intestate. 2107.02 Who may make will. A person of the age of eighteen years, or over, [of] sound mind and memory, and not under restraint[,] may make a will. 2107.03 Method of making will. Except oral wills, every last will and testament shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator making it or by some other person in the testator’s conscious presence and at the testator’s express direction, and be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator’s signature. For purposes of this section, “conscious presence” means within the range of any of the testator’s senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication. 2107.04 Agreement to make a will. No agreement to make a will or to make a devise or bequest by will shall be enforceable unless it is in writing. Such agreement must be signed by the maker or by some other person at such maker’s express direction. If signed by a person other than such maker, the instrument must be subscribed by two or more competent witnesses who heard such maker acknowledge that it was signed at his direction. 2107.06 Age requirement for witnessing will. 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.

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