Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Before opening probate in Ohio, locating and verifying the decedent’s original will and any codicils is essential to ensure a smooth administration and minimize disputes. Below are key steps under Ohio law:
1. Locating Original Documents
- Search Personal Files and Safe-Deposit Boxes: Examine the decedent’s home, office, and personal files. Check for safe-deposit box keys or rental agreements. Under R.C. 2109.33, the clerk of courts may gain access to a safe-deposit box after death to retrieve a will.
- Contact Attorneys and Advisors: Reach out to the decedent’s estate planning attorney, accountant, or financial advisor. Many attorneys retain original wills or hard copies.
- Check Probate Court Records: In rare cases, a testator may deposit a copy or the original will with a county probate court. Contact the clerk in the county where the decedent lived to inquire about filings.
- Ask Family Members and Executors: Relatives or named executors may know the document’s location. They may hold the original or know where it’s stored.
- Search Digital Records: Review cloud storage, email attachments, or digital archives. Some testators scan and store electronic copies of estate planning documents.
2. Verifying Authenticity
- Review Execution Requirements: Under R.C. 2107.02, a valid will must be in writing, signed by the testator (or by another at the testator’s direction) in the presence of two witnesses, who also sign to attest the testator’s capacity and intent.
- Check for a Self-Proving Affidavit: A self-proving will includes notarized affidavits of the testator and witnesses. See R.C. 2107.06. This affidavit streamlines probate by eliminating live witness testimony.
- Authenticate Signatures and Dates: Compare signatures against other known documents of the decedent. Ensure dates align and witness signatures appear genuine.
- Address Lost or Destroyed Originals: If the original cannot be found but a copy exists, file a petition under R.C. 2107.16 to admit a lost or destroyed will. The court requires proof of due execution and the contents of the will.
Helpful Hints
- Maintain a checklist of locations and professionals you’ve contacted.
- Document all search efforts in case the court requests proof of due diligence.
- Secure any found documents immediately to prevent tampering or loss.
- Keep digital scans in a secure, access-controlled folder.
- Consult the probate clerk early to understand filing requirements and deadlines.