Ohio

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

2107.02, et seq.

Operative Facts

1. Must be an adult
2. must be of sound mind
3. document must be signed by declarant
4. document must be dated
5. must be made in presence of 2 witnesses or a notary public who attests that principal is of sound mind and free from duress

Age of Testator

18 or over of sound mind and memory and not under restraint

Number of Witnesses Required

Attested and subscribed in presence of testator by two or more competent witnesses who saw testator subscribe or heard him acknowledge his signature

Oral Will Recognition

Valid if made in last sickness as to personal estate if reduced to writing and subscribed by two competent disinterested witnesses within 10 days after speaking; witnesses must prove that testator is of sound mind, memory, and not under restraint and he called upon some person present at the time the testamentary words were spoken to bear testimony that it is his will; must be offered to probate within 6 months after death.

Holographic Will Recognition

Valid as a holographic will provided attested and subscribed in the presence of testator by two or more competent witnesses who saw testator subscribe or heard him acknowledge his signature.