Ohio Will and Trust Laws: Two Witnesses, No Self-Proving (2026)

Under Ohio law, a person who is 18 or older, of sound mind and memory, and not under restraint may make a will (Ohio Rev. Code 2107.02), and every will except an oral will must be in writing, signed at the end, and attested and subscribed by two or more competent witnesses in the testator's conscious presence (R.C. 2107.03). Ohio does not require a notary, and it has no self-proving affidavit; living trusts are governed by Ohio's trust code, Chapters 5801 to 5811 of the Revised Code.

Two features set Ohio apart among the wills and trusts laws by state. The statute defines "conscious presence" to exclude anything seen or heard by telephonic, electronic or other distant communication, so the witnesses have to be there in person. And a revocable trust needs no will-style signing ceremony at all: Ohio's trust code does not even require a trust instrument, although an oral trust must be proved by clear and convincing evidence.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Ohio statutes on making, signing, proving, changing and revoking wills (Revised Code Chapters 2106 and 2107) and on revocable living trusts (Chapters 5801 to 5811 and section 5815.31), with a note on beneficiary designations (section 5815.33). It does not cover what happens when someone dies without a will or how estate administration works (see Ohio probate), small-estate procedures (see the Ohio small estate affidavit page), powers of attorney (see Ohio power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Ohio advance directive tool.

What makes a will valid in Ohio?

Two sections set the basic rules. Section 2107.02 sets capacity: "A person who is eighteen years of age or older, of sound mind and memory, and not under restraint may make a will." Section 2107.03 sets the form:

"Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction. The will shall 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." (R.C. 2107.03)

Broken down, an Ohio will needs:

• A writing. Handwritten or typewritten both qualify.
• A signature at the end. The testator signs, or another person signs in the testator's conscious presence and at the testator's express direction.
• Two or more competent witnesses. Each witness must either see the testator sign or hear the testator acknowledge the signature, and the witnesses attest and subscribe the will in the testator's conscious presence.

Section 2107.06 adds an age floor for witnesses: "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."

Section 2107.03 does not mention a notary, and it has no notarized alternative to the two witnesses.

What "conscious presence" means

The statute defines the term itself: "'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." A witness does not have to be in the testator's line of sight, but a witness who watches over a video call or listens by phone is not in the testator's conscious presence for purposes of section 2107.03.

Interested witnesses

A beneficiary can serve as a witness, but it can cost the gift. Section 2107.15 provides that "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 remains competent to testify about the signing, and if the witness would have inherited had the will not been established, "the witness takes so much of that share that does not exceed the bequest or devise to the witness." Because the rule applies to a person who is one of only two witnesses, it does not reach a beneficiary who is one of three or more witnesses.

Wills signed in another state

Section 2107.18 tells the probate court which law to measure execution against. The court admits a will if its execution "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." A will that met the rules of the place where it was signed can therefore be admitted in Ohio even if it would not satisfy section 2107.03.

Does an Ohio will need to be notarized? How a will is proved

No. Section 2107.03 requires witnesses, not a notary, and Chapter 2107 contains no self-proving affidavit procedure of the kind many states use to let a will be admitted without witness testimony.

Ohio uses a different route. Under section 2107.18, "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" described above. The court can admit a will on its face, and it decides when to require the witnesses to testify.

Ohio also offers a way to settle validity during the testator's lifetime. Section 2107.18 directs the court to admit a will "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." Under section 2107.71(B), with a limited exception for people who should have been named as defendants in that action and were not, no one may contest a will declared valid that way "as to facts decided."

A will has no effect until it is probated. Section 2107.61 provides that unless it has been admitted to probate or record, "no will is effectual to transfer real or personal property." Probate procedure is covered on the Ohio probate page.

Depositing a will with the probate court

Section 2107.07 lets a testator, or someone for the testator, deposit a will "in the office of the judge of the probate court in the county in which the testator lives." On "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."

Under section 2107.10(A), a beneficiary named in a will who knows of it for one year after the testator's death, has the power to control it and, without reasonable cause, intentionally conceals or withholds it or neglects or refuses within that year to have it offered for probate takes no property or right, testate or intestate; the gift passes as if that beneficiary had died first.

Are handwritten (holographic) wills valid in Ohio?

Only if they are witnessed. Section 2107.03 says a will "may be handwritten or typewritten," but the same section requires every will except an oral will to be "attested and subscribed in the conscious presence of the testator, by two or more competent witnesses." Chapter 2107 contains no exception for a handwritten will signed without witnesses.

Two provisions can still matter for a handwritten document. Section 2107.18 can admit a will made in another jurisdiction whose execution complied with that jurisdiction's law, as described above. And section 2107.24, covered below, can save a defectively executed document, but only one the decedent signed in the conscious presence of two or more witnesses.

Are oral (nuncupative) wills valid in Ohio?

Only in a narrow case. Section 2107.60 provides:

"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." (R.C. 2107.60)

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." And "No oral will shall be admitted to record unless it is offered for probate within three months after the death of the testator." An oral will cannot pass real property.

When a signing goes wrong: the section 2107.24 rule

Ohio has a limited rule for a will whose execution did not meet section 2107.03. Under section 2107.24(A), the document is treated as properly executed if the probate court, after a hearing, finds 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."

For this section, conscious presence means "within the range of any of the witnesses' senses," again excluding sight or sound sensed by telephonic, electronic or other distant communication. The rule is narrower than a general harmless-error rule: it requires that the decedent signed in front of two or more witnesses, so it does not rescue a document signed with no witnesses present.

Section 2107.24(B) adds a cost provision. When the court makes those findings, "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."

Electronic wills and remote witnessing

Chapter 2107 contains no electronic-will provision. Section 2107.03 requires a will "in writing," "signed at the end," and attested in the testator's conscious presence, a phrase the statute defines to exclude "the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication." Witnessing by video call does not meet that definition.

Changing or revoking an Ohio will

Methods of revocation

Section 2107.33(A) lists the ways a will "shall be revoked":

1. "By the testator by tearing, canceling, obliterating, or destroying it with the intention of revoking it."
2. "By some person, at the request of the testator and in the testator's presence," by the same acts with the intention of revoking it.
3. "By some person tearing, canceling, obliterating, or destroying it pursuant to the testator's express written direction."
4. "By some other written will or codicil, executed as prescribed by this chapter."
5. "By some other writing that is signed, attested, and subscribed in the manner provided by this chapter."

Revocation takes capacity. Under 2107.33(E), "A testator's revocation of a will shall be valid only if the testator, at the time of the revocation, has the same capacity as the law requires for the execution of a will." Under 2107.33(D), a later contract to convey property already left in the will "does not revoke the devise or bequest."

Marriage after the will is signed does not revoke it: "A will executed by an unmarried person is not revoked by a subsequent marriage" (2107.37). Destroying or revoking a later will does not bring back an earlier one unless the terms of the revocation show the testator intended to revive it or the testator republishes the earlier will (2107.38).

Divorce, dissolution, annulment or a separation agreement

Section 2107.33(B) changes a will automatically after the marriage ends. It applies if, after executing the will, the testator "is divorced, obtains a dissolution of marriage, has the testator's marriage annulled, or, upon actual separation from the testator's spouse, enters into a separation agreement pursuant to which the parties intend to fully and finally settle their prospective property rights in the property of the other." In that case, any disposition or appointment of property made by the will to the former spouse or to a trust with powers created by or available to the former spouse, any power of appointment the will confers on the former spouse, and any nomination of the former spouse as executor, trustee or guardian "shall be revoked unless the will expressly provides otherwise."

Under 2107.33(C), the property passes "as if the former spouse failed to survive the decedent." Provisions revoked solely by this section "shall be deemed to be revived by the testator's remarriage with the former spouse or upon the termination of a separation agreement executed by them." Section 2107.33(F) defines a trust with powers created by or available to the former spouse as one the former spouse can revoke, withdraw from, or take distributions from without an ascertainable standard (one "related to a trust beneficiary's health, maintenance, support, or education").

The will rule is not the whole story. Section 5815.31 applies a parallel rule to a revocable trust. Unless the trust or separation agreement provides otherwise, if after executing a trust in which the grantor reserves the power to alter, amend, revoke or terminate it, the grantor is divorced, obtains a dissolution, has the marriage annulled, or enters into such a separation agreement, "the spouse or former spouse of the grantor shall be deemed to have predeceased the grantor," and trust provisions giving the former spouse a beneficial interest or a power of appointment, or naming the former spouse as trustee or trust advisor, "shall be revoked." Remarrying the former spouse or terminating the separation agreement reverses that result.

Beneficiary designations have their own rule. Under section 5815.33, unless the designation or the divorce, dissolution or annulment decree specifically provides otherwise, a former spouse named as beneficiary of a life insurance policy, annuity, payable-on-death account, individual retirement plan or employer death benefit plan "shall be deemed to have predeceased" the person who made the designation once the marriage ends by divorce, dissolution or annulment, and the designation is revoked. Remarrying the former spouse restores the designation unless it can no longer be made. Unlike sections 2107.33 and 5815.31, section 5815.33 does not mention separation agreements.

Section 5815.34 separately ends spouses' survivorship rights in jointly titled personal property on divorce, dissolution or annulment unless the decree specifically provides otherwise; remarrying each other while still holding the title that way restores them.

For employer benefit plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute that revokes a former spouse's beneficiary designation on divorce, as applied to those plans (see the wills and trusts hub for the federal layer).

A child born or adopted after the will

Section 2107.34(A), subject to division (C) of that section, provides that if after making a will the testator has a child born alive, adopts a child, or designates an heir under section 2105.15, and no provision has been made in the will or by settlement for that child or heir, "the will shall not be revoked." Instead, "Unless it appears by the will that it was the intention of the testator to disinherit the pretermitted child or heir," the other gifts in the will, except those to a surviving spouse, are reduced so the child receives the share the child would have taken had the testator died intestate with no surviving spouse, owning only the part of the estate not left to or for the surviving spouse. The same section covers a child or designated heir who was absent and reported dead and proves to be alive.

Limits on what an Ohio will can do

Surviving spouse's election. A testator cannot simply leave a spouse out. Under section 2106.01, a surviving spouse may elect "to take under a will or under section 2105.06 of the Revised Code," Ohio's intestate succession section. An electing spouse does not necessarily take the full intestate share: under 2106.01(C), the spouse "shall take not to exceed one-half of the net estate, unless two or more of the decedent's children or their lineal descendants survive, in which case the surviving spouse shall take not to exceed one-third of the net estate." Under 2106.01(E), the spouse "shall not make the election later than five months from the date of the initial appointment of an administrator or executor of the estate." The court may allow more time on a motion filed within the five months for good cause, and "If no action is taken by the surviving spouse before the expiration of the five-month period, it is conclusively presumed that the surviving spouse elects to take under the will." If proceedings for advice or a will contest begin within the time for the election, the election may be made within three months after those proceedings end, if the will is not set aside (2106.01(E)). The intestate shares themselves are explained on the Ohio probate page.

After-born and adopted children. Section 2107.34, described above, protects a child born or adopted after the will unless the will shows an intent to disinherit.

Gifts to someone who dies first. Under section 2107.52(B)(2), as amended effective April 3, 2023, unless a contrary intent appears in the will, if a devisee who "is a grandparent, a descendant of a grandparent, or a stepchild of either the testator or the donor of a power of appointment exercised by the testator's will" fails to survive the testator and leaves surviving descendants, a substitute gift is created in those descendants, who take per stirpes. Separately, under section 2105.32(A), except as provided in section 2105.36, a person who is not shown by clear and convincing evidence to have survived another by one hundred twenty hours is treated as having died first when the passing of property depends on survival.

No-contest clauses. Ohio's rule on clauses that disinherit a beneficiary who contests the will comes from case law. In In re Estate of Damschroder, 2021-Ohio-1558, the Third District Court of Appeals described the general purpose of such a clause and stated: "The Supreme Court of Ohio has long upheld the validity of no-contest provisions in wills. See Bradford v. Bradford, 19 Ohio St. 546 (1869)."

Time to contest a will. Under section 2107.76, a person who received or waived notice of the will's admission to probate may not bring a contest "more than three months after the filing of the certificate described in division (A)(3) of section 2107.19," and other persons are held to three months after the initial filing of that certificate. A person under a legal disability may sue within three months after the disability is removed.

Separate documents, personal-property lists and contracts to make a will

Incorporation by reference. Under section 2107.05(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." The document must be deposited in the probate court when the will is probated or within thirty days after, unless the court extends the time for good cause. Chapter 2107 has no separate provision for an unwitnessed list of personal property written after the will; a separate list becomes part of an Ohio will only if it meets section 2107.05.

Incorporating a trust. Under 2107.05(C), a testator who intends to incorporate a trust instrument into the will must show it "through the use of the term 'incorporate,' 'made a part of,' or similar language," and "Any language in the testator's will that only identifies a trust shall not be sufficient."

Contracts to make a will. Section 2107.04 provides that "No agreement to make a will or to make a devise or bequest by will shall be enforceable unless it is in writing." If someone other than the maker signs it at the maker's direction, two or more competent witnesses must subscribe it.

Revocable living trusts in Ohio

The trust code

Ohio's trust code is Chapters 5801 to 5811 of the Revised Code. Section 5801.01(R) defines "revocable," as applied to a trust, as "revocable at the time of determination by the settlor alone or by the settlor with the consent of any person other than a person holding an adverse interest." A trust stays revocable even if the settlor loses capacity: its characterization "is not affected by the settlor's lack of capacity to exercise the power of revocation."

Creating a trust

Section 5804.01 lists the methods, including "Transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death" and "Declaration by the owner of property that the owner holds identifiable property as trustee."

Section 5804.02(A) sets the requirements: the settlor has capacity to create a trust, the settlor indicates an intention to create it, the trust has a definite beneficiary (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. Section 5804.02(E) then permits the common revocable-trust arrangement in which the creator is the sole trustee and sole current beneficiary, "provided that one or more other persons hold a vested, contingent, or expectant interest" after the creator's enjoyment ends; such a trust "is not a testamentary trust that is required to comply with" Chapter 2107.

Signing formalities: none of the will rules

The trust code's creation sections do not require witnesses or a notary. Section 5804.07 goes further:

"Except as required by any section of the Revised Code not in Chapters 5801. to 5811. of the Revised Code, a trust is not required to be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence." (R.C. 5804.07)

The opening clause preserves writing requirements found elsewhere in the Revised Code, outside the trust code.

Capacity

Under section 5806.01, "The capacity of a settlor required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default, with a date limit

Section 5806.02(A) states: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This division does not apply to a trust created under an instrument executed before January 1, 2007." For an older trust instrument, the default in 5806.02(A) does not apply.

How to revoke or amend

Section 5806.02(C) controls the method:

"The settlor may revoke or amend a revocable trust by substantial compliance with a method provided in the terms of the trust or, if the terms of the trust do not provide a method, by any method manifesting clear and convincing evidence of the settlor's intent, provided that a revocable trust may not be revoked or amended by a will or codicil, regardless of whether it refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust unless the terms of the trust expressly allow it to be revoked or amended by a will or codicil." (R.C. 5806.02(C))

Other parts of 5806.02 deal with special cases:

• More than one settlor. To the extent the trust holds property other than community property, "each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution," and the trustee must promptly notify the other settlors (5806.02(B)).
• Agents. An agent under a power of attorney may exercise the settlor's revocation, amendment or distribution powers "only to the extent expressly authorized by both the terms of the trust and the power" (5806.02(E)). Powers of attorney are covered on the Ohio power of attorney laws page.
• Guardians. A guardian may exercise those powers "only with the approval of the court supervising the guardianship" (5806.02(F)).

While the settlor is alive, section 5806.03(A) provides that the rights of the beneficiaries are subject to the settlor's control and the trustee's duties "are owed exclusively to the settlor."

Creditors

Under section 5805.06(A)(1), whether or not the trust contains a spendthrift provision, "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors."

Certification of trust

Under section 5810.13(A), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust." It states that the trust exists and when the instrument was executed, the settlor, the currently acting trustee, the trustee's powers, whether the trust is revocable and who holds the power to revoke, and the signing authority of cotrustees. It must state that the trust has not been revoked, modified or amended in a way that would make it incorrect, and it need not contain the dispositive terms. A person who relies on it "without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting" (5810.13(G)).

After the settlor dies: notice and the contest deadline

Under section 5808.13(B)(3), within sixty days after learning that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the current beneficiaries of the trust's existence, the identity of the settlor, the right to request a copy of the trust instrument, and the right to a trustee's report. This duty applies to a revocable trust that becomes irrevocable on or after January 1, 2007 (5808.13(F)).

The contest deadline is in section 5806.04(A). An action to contest the validity of the trust, an amendment made during the settlor's life, a lifetime revocation, or a lifetime transfer to the trust "shall be commenced by the earlier of the date that is two years after the date of the death of the settlor of the trust or that is six months from the date on which the trustee sends the person bringing the action a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed under this division for commencing an action." Under 5806.04(D), the section applies only to revocable trusts made irrevocable by the settlor's death "if the grantor dies on or after July 23, 2002."

After the death, the trustee may distribute without liability unless the trustee knows of a pending contest, or a potential contestant gives written notice and "the action is actually filed within ninety days after the written notification was given to the trustee" (5806.04(B)). A beneficiary must return a distribution that turns out to exceed what the beneficiary was entitled to if the trust, an amendment or a transfer is later held invalid (5806.04(C)). A trust the settlor submitted for a lifetime declaration of validity under section 5817.10 cannot be contested as to the facts decided, with a limited exception for people who should have been named as defendants and were not (5806.04(E)).

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Section 2107.63 allows a testator to "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." The trustee may sign the trust instrument before or after the will.

The property becomes part of the trust and is administered under its terms, "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." Two limits follow in the same section: "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," and the section "shall not affect any of the rights accorded to a surviving spouse under section 2106.01."

Ohio wills and trusts at a glance

Recent and pending changes

• Anti-lapse amendment (2023). Senate Bill 202 of the 134th General Assembly amended section 2107.52, effective April 3, 2023, so that "devise" expressly includes a primary devise; the change is retroactive to the extent the Ohio Constitution allows, except where that would invalidate or supersede a recorded instrument conveying real property.
• Sub. H.B. 446 (136th General Assembly). This bill would amend trust code sections including 5806.02 and 5806.03 and enact a new Chapter 5818. It passed the House but has not passed the Senate, and it is not law.

Making a will in practice

The site's free Ohio will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 2107.03, with two adult witnesses physically within the testator's conscious presence. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Ohio. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Ohio probate
• Ohio small estate affidavit
• Ohio power of attorney laws

This article provides general legal information about Ohio law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Ohio or the probate court in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in Ohio?

Two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature, and who attest and subscribe the will in the testator's conscious presence (R.C. 2107.03). Each witness must be at least 18 (2107.06).

Does a will have to be notarized in Ohio?

No. Section 2107.03 requires two witnesses, not a notary, and Ohio has no self-proving affidavit. The probate court admits a will if proper execution appears from the face of the will or, if the court requires, from the witnesses' testimony (2107.18).

Is a handwritten will valid in Ohio?

Only if it is witnessed. Section 2107.03 allows a handwritten will but requires two or more competent witnesses for every will except an oral will. A will made in another jurisdiction may be admitted if its execution complied with that jurisdiction's law (2107.18).

Are oral wills valid in Ohio?

Only in a narrow case: an oral will made in the last sickness is valid for personal property if two competent disinterested witnesses reduce it to writing and sign it within ten days, and it must be offered for probate within three months after death (R.C. 2107.60).

Can a will be witnessed over video in Ohio?

No. Section 2107.03 requires witnesses in the testator's conscious presence and defines that term to exclude sight or sound sensed by telephonic, electronic or other distant communication. Chapter 2107 has no electronic-will provision.

Does divorce revoke a will in Ohio?

Not the whole will. If, after the will is signed, the testator is divorced, obtains a dissolution or annulment, or enters a qualifying separation agreement, section 2107.33(B) revokes the will's gifts to the former spouse and nominations of the former spouse unless the will expressly provides otherwise; separate sections with their own conditions reach revocable trusts (5815.31) and beneficiary designations (5815.33). See the divorce section for those rules and for revival on remarriage.

Can I leave my spouse out of my will in Ohio?

A surviving spouse may elect to take under the will or under Ohio's intestate succession statute (R.C. 2106.01). An electing spouse takes no more than one-half of the net estate, or one-third if two or more of the decedent's children or their lineal descendants survive (2106.01(C)). The election is generally due within five months of the first appointment of an executor or administrator, and silence is treated as an election to take under the will; see the spouse-election section for extensions.

Is a living trust revocable in Ohio?

For a trust created under an instrument executed on or after January 1, 2007, yes, unless its terms expressly say it is irrevocable (R.C. 5806.02(A)). A will or codicil cannot revoke or amend it unless the trust expressly allows that (5806.02(C)).

Does a living trust need witnesses or a notary in Ohio?

Ohio's trust code does not require witnesses or a notary, and section 5804.07 does not require a trust instrument at all, although an oral trust and its terms must be proved by clear and convincing evidence. Writing requirements in other parts of the Revised Code still apply.

How long do you have to contest a revocable trust in Ohio?

Under R.C. 5806.04, a contest must be brought by the earlier of two years after the settlor's death or six months after the trustee sends a copy of the trust instrument and the required notice. The section applies when the settlor died on or after July 23, 2002.