Detailed Answer
Under Ohio law, a valid will must be in writing, signed by the testator, and witnessed by at least two competent adults. Notarization is not required. If your decedent’s will was not notarized but was properly witnessed, you can still probate it. If it was neither witnessed nor notarized, it generally cannot be admitted as a valid will unless you can satisfy Ohio’s lost‐will requirements.
1. Formal Requirements for a Valid Will
- Writing and signature: The will must be in writing and signed by the testator or by another person at the testator’s direction. (Ohio Rev. Code § 2107.03 – codes.ohio.gov/2107.03.)
- Attesting witnesses: Two or more witnesses, each of whom signs the will in the presence of the testator. Ohio does not recognize holographic (handwritten) or oral wills.
- Self‐proving affidavit (optional): A notarized affidavit signed by the testator and witnesses, making the will “self‐proving.” Without it, you must call witnesses to testify at the probate hearing. (Ohio Rev. Code § 2107.04 – codes.ohio.gov/2107.04.)
2. Probate Process for a Non-Notarized Will
- Locate the original will and certified death certificate.
- Determine the proper probate court: file in the county where the decedent lived.
- File a “Statement of the Value of Real and Personal Property” and a “Application for Probate” along with the original will. (Ohio Rev. Code §§ 2107.07, 2107.08 – codes.ohio.gov/2107.08.)
- If the will is not self-proving, arrange for the two attesting witnesses to appear at the probate hearing or submit an affidavit confirming due execution.
- Pay the required filing and commissioner’s fees.
- Attend the hearing. The court will admit the will if statutory requirements are met and appoint an executor.
3. Admitting an Unwitnessed Will (Lost-Will Procedure)
If the will was never witnessed or you cannot locate witnesses, you may attempt probate under the lost‐will statute. You must prove by clear and convincing evidence that the decedent executed the will in compliance with statutory formalities. (Ohio Rev. Code § 2107.28 – codes.ohio.gov/2107.28.) In practice, courts rarely admit an unwitnessed will without contemporaneous witness testimony.
Helpful Hints
- Gather original documents: Probate courts require originals of wills and death certificates.
- Locate witnesses early: Secure affidavits or prepare them to attend the hearing.
- Check filing deadlines: Ohio law requires probate within a reasonable time after death.
- Prepare a list of heirs: Include names and addresses for service of notice.
- Consult court clerks: They can provide local forms and fee schedules.
- Consider an attorney: Complex estates or contested probates often benefit from legal guidance.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Ohio to address your specific situation.