This article explains how to obtain and submit an original will or a filed copy during probate administration in Ohio. It outlines statutory requirements, deadlines, and court procedures. Disclaimer: This content is for informational purposes only and does not constitute legal advice.
Preparing to File the Original Will
When a loved one passes away, locate the decedent’s original will immediately. Ohio law requires the will’s custodian—or any person in possession—to deliver it to the probate court promptly. Under Ohio Revised Code §2107.07, you must deliver the original will no later than four business days after receipt. See: https://codes.ohio.gov/ohio-revised-code/section-2107.07
Submitting the Original Will to Probate Court
To submit the original will:
- Visit the probate court clerk in the county where the decedent resided.
- Complete the Supplement to Application for Probate of Will form (check local court rules for exact form name and filing fee).
- File the death certificate along with the will.
- Pay the statutory filing fee set by the court.
Filing a Copy When the Original Is Lost or Destroyed
If you cannot locate the original will, Ohio Revised Code §2107.38 permits filing a copy accompanied by an affidavit explaining the original’s loss or destruction and affirming the decedent did not revoke it. The court may require additional proof or testimony before admitting a copy. See: https://codes.ohio.gov/ohio-revised-code/section-2107.38
Obtaining Certified or Filed Copies of the Will
Once the court admits the will, you can request certified copies:
- Under Ohio Revised Code §2107.17, the clerk charges a per-page fee and a certification fee. See: https://codes.ohio.gov/ohio-revised-code/section-2107.17
- Per Ohio Revised Code §2107.61, you may inspect or copy court records during regular clerk hours. Fees for noncertified copies vary by county. See: https://codes.ohio.gov/ohio-revised-code/section-2107.61
Send a written request or visit the clerk’s office, pay the fee, and the clerk will issue certified or uncertified copies as needed.
Timeline and Deadlines
Ohio law prioritizes timely filing. Missing the four-day deadline to submit the original may result in court orders to show cause. To file a lost-will affidavit after the deadline, seek court permission per ORC §2107.38(D).
Helpful Hints
- Contact the local probate clerk’s office in advance to confirm required forms, fees, and hours.
- Bring multiple certified copies at once to reduce repeat visits.
- Keep all filing receipts and proof of submission for your records.
- If someone contests the will’s validity or authenticity, consider consulting an attorney.
- File motions promptly if you need extensions or court rulings on lost will affidavits.