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Ohio Last Will and Testament

An Ohio will needs 2 witnesses and no notary; unwitnessed handwritten wills are not valid here. Make a free Ohio will template. Attorney review is available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the executor, the person who will carry out your wishes and administer your estate. It can also name a guardian for minor children. In Ohio, a valid will must be in writing, handwritten or typewritten, and signed by the testator, then attested and subscribed by two or more competent witnesses in the testator's conscious presence, under Ohio Rev. Code Section 2107.03. No notary is required for the will itself; witnesses, not notarization, make it valid. Ohio does not offer a self-proving affidavit, so admitting the will to probate ordinarily requires testimony or a deposition from one of the attesting witnesses. Ohio also does not recognize an unwitnessed handwritten (holographic) will; even a handwritten will must meet the same two-witness signing rule, though a narrow oral-will exception exists for personal property spoken during a last illness. To make a will in Ohio you must be at least 18 years old and of sound mind and memory, and not under restraint, per Ohio Rev. Code Section 2107.02. A later will, a written direction, or physically destroying the will with intent to revoke it can revoke a prior will under Ohio Rev. Code Section 2107.33, and divorce automatically revokes gifts and appointments made to a former spouse.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the executor who will administer your estate after you die. It can also name a guardian for your minor children.

  2. 2

    Ohio requires 2 or more competent witnesses who attest and subscribe the will in the testator's conscious presence (Ohio Rev. Code Section 2107.03). Under the purging statute at Section 2107.15, if a beneficiary is one of only two witnesses, the gift to that witness is void, though the witness stays competent to testify and may still take up to the intestate share they would otherwise receive. Use disinterested witnesses whenever possible.

  3. 3

    Ohio does not have a statutory self-proving affidavit. Chapter 2107 of the Ohio Revised Code contains no such section, so admitting a will to probate ordinarily requires the testimony or deposition of one of the attesting witnesses rather than a notarized affidavit.

  4. 4

    Ohio does not recognize an unwitnessed handwritten (holographic) will. A handwritten will is allowed, but it must still be signed and attested by two or more competent witnesses like any other will (Ohio Rev. Code Section 2107.03). A narrow oral-will exception applies only to personal property during a last illness (Ohio Rev. Code Section 2107.60).

  5. 5

    A will itself does not need to be notarized in Ohio. What makes it valid is proper witnessing, not a notary's seal, since Ohio has no self-proving affidavit that would call for one.

  6. 6

    You must be at least 18 years old and of sound mind and memory, and not under restraint, to make a will in Ohio (Ohio Rev. Code Section 2107.02). Witnesses must also be 18 or older (Ohio Rev. Code Section 2107.06).

  7. 7

    You can revoke an Ohio will by a later will or codicil, a written direction, or by tearing, canceling, obliterating, or destroying it with intent to revoke, provided you have the same capacity required to make a will (Ohio Rev. Code Section 2107.33). Divorce automatically revokes gifts and appointments made to a former spouse.

Key decisions before you file

Before you file a Last Will and Testament in Ohio, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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OHIO LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Ohio, being at least eighteen years of age and of sound mind and memory, and not under restraint, declare this to be my Last Will and Testament (my Will) and revoke all prior wills and codicils I have made.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Ohio, as Executor of my estate. If [EXECUTOR NAME] cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor Executor. My Executor shall serve without bond to the extent Ohio law allows.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here: name each beneficiary and describe the property, sum of money, or percentage of the estate given to that beneficiary. List real estate, vehicles, bank or investment accounts, business interests, and personal items separately so each bequest is clear.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, real and personal, wherever located, not otherwise disposed of by this Will, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME]. This residuary clause captures any property not specifically listed above, so nothing passes outside this Will unless Ohio law directs otherwise.

  5. GUARDIAN FOR MINOR CHILDREN (if applicable) If I have a minor child at my death, I appoint [GUARDIAN NAME] of [CITY], Ohio, as guardian of the person and estate of that child. If [GUARDIAN NAME] cannot or will not serve, I appoint [ALTERNATE GUARDIAN NAME] as successor guardian.

  6. ATTESTATION CLAUSE I sign this Will on [DATE] in the presence of the two witnesses below and declare to them that this document is my Last Will and Testament. Each witness signs below at my request, in my conscious presence and in the presence of the other witness, having seen me sign or heard me acknowledge my signature, as Ohio Rev. Code Section 2107.03 requires. Each witness must be at least eighteen years old and competent, per Ohio Rev. Code Section 2107.06.

[TESTATOR NAME], Testator

WITNESS SIGNATURES (2 required) We, the undersigned, each at least eighteen years old and competent, attest that the testator signed this Will in our conscious presence, or acknowledged to us that the signature above is the testator's, and that we sign below as witnesses in the testator's conscious presence and in the presence of each other.

Witness 1 signature, print name, address

Witness 2 signature, print name, address

Note: This is an Ohio skeleton for a last will and testament. Ohio Rev. Code Chapter 2107 governs wills. Ohio requires 2 witnesses and does not require a notary for the will itself, and it has no statutory self-proving affidavit, so probate typically relies on witness testimony or a deposition instead. Under the purging statute at Section 2107.15, do not use a beneficiary as one of only two witnesses, since the gift to that witness would be void even though the witness stays competent to testify. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Ohio in about a minute, and notarize it online through DocDraft if it does.

Ohio Requirements for Last Will and Testament

Sign in the Conscious Presence of Two Witnesses

An Ohio will must be attested and subscribed in the conscious presence of the testator by two or more competent witnesses, who saw the testator sign or heard the testator acknowledge the signature (Ohio Rev. Code Section 2107.03).

Do Not Use a Beneficiary as One of Only Two Witnesses

Under Ohio's purging statute, if a devise or bequest is made to a person who is one of only two witnesses to the will, the gift to that witness is void, though the witness stays competent to testify and may still take up to the intestate share they would otherwise receive (Ohio Rev. Code Section 2107.15).

No Notary Is Required for the Will Itself

Ohio Rev. Code Section 2107.03 requires attestation and subscription by two or more competent witnesses; it does not require the will itself to be notarized. Witnessing, not notarization, is what makes the will valid.

Ohio Has No Self-Proving Affidavit

Chapter 2107 of the Ohio Revised Code contains no self-proving affidavit section. A will is instead proved for probate through the testimony or deposition of an attesting witness (Ohio Rev. Code Sections 2107.16 through 2107.18).

Handwritten Wills Must Still Be Witnessed

Ohio does not recognize an unwitnessed handwritten (holographic) will. A handwritten will is allowed, but Ohio Rev. Code Section 2107.03 still requires it to be signed and attested by two or more competent witnesses. A narrow oral-will exception, limited to personal property in a last illness and requiring two disinterested witnesses within ten days, appears at Ohio Rev. Code Section 2107.60.

Testator Must Be 18 and of Sound Mind

A person who is eighteen years of age or older, of sound mind and memory, and not under restraint may make a will in Ohio (Ohio Rev. Code Section 2107.02). Witnesses must also be at least eighteen years old (Ohio Rev. Code Section 2107.06).

Revocation Requires Testamentary Capacity

You may revoke an Ohio will by a later will, codicil, or other properly executed writing, by a written direction, or by tearing, canceling, obliterating, or destroying the will with intent to revoke it, but the revocation is valid only if you have the same capacity the law requires to execute a will (Ohio Rev. Code Section 2107.33).

Divorce Revokes Gifts to a Former Spouse

Upon divorce, dissolution, annulment, or legal separation, dispositions and appointments of property to a former spouse, powers of appointment conferred on a former spouse, and nominations of a former spouse as executor, trustee, or guardian are revoked, unless the will expressly provides otherwise (Ohio Rev. Code Section 2107.33).

Does your Last Will and Testament need to be notarized in Ohio?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Ohio requires 2 or more competent witnesses. They must attest and subscribe (sign) the will in the testator's conscious presence, having seen the testator sign or heard the testator acknowledge the signature (Ohio Rev. Code Section 2107.03). Under the purging statute at Section 2107.15, a gift to a beneficiary who is one of only two witnesses is void, though that witness can still testify and may keep up to the intestate share they would otherwise receive. Use witnesses who are not beneficiaries whenever possible.

No. An Ohio will is made valid by two or more witnesses, not a notary. Ohio Rev. Code Section 2107.03 requires attestation and subscription by witnesses; it does not require notarization of the will itself. Ohio also has no statutory self-proving affidavit, so there is no notarized step to add even if you wanted one; the will is instead proved in probate through witness testimony or deposition.

No, not on its own. Ohio does not recognize an unwitnessed holographic will. A handwritten will is permitted, but Ohio Rev. Code Section 2107.03 requires it to be signed and attested by two or more competent witnesses just like a typewritten will. A narrow exception allows an oral will made during a last illness, but only for personal property, and only if it is reduced to writing and signed by two disinterested witnesses within ten days (Ohio Rev. Code Section 2107.60).

Put your wishes in writing, name an executor and a guardian for minor children if needed, describe your bequests and who takes the residue of your estate, then sign the document. Have 2 or more competent witnesses, each 18 or older, watch you sign or hear you acknowledge your signature, and have them sign in your conscious presence (Ohio Rev. Code Sections 2107.03 and 2107.06).

A valid Ohio will is a signed writing made by a testator who is at least 18 and of sound mind and memory, and not under restraint (Ohio Rev. Code Section 2107.02), attested and subscribed by 2 or more competent witnesses in the testator's conscious presence (Ohio Rev. Code Section 2107.03). No notary is required.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary, that lets a will be admitted to probate without live witness testimony. Ohio does not offer one; Chapter 2107 has no self-proving affidavit section, so an Ohio will is proved through the testimony or deposition of an attesting witness instead.

You must be at least 18 years old, of sound mind and memory, and not under restraint to make a valid will in Ohio (Ohio Rev. Code Section 2107.02). Witnesses must also be 18 or older (Ohio Rev. Code Section 2107.06).

You can revoke an Ohio will by executing a later will or codicil, by a written direction from you carried out by another person, or by tearing, canceling, obliterating, or destroying the will yourself with the intent to revoke it, as long as you have the capacity required to make a will (Ohio Rev. Code Section 2107.33). Divorce, dissolution, annulment, or legal separation automatically revokes gifts and executor or guardian nominations made to a former spouse, unless the will says otherwise.