Detailed Answer
Short answer: In Ohio, the “original” will is the physical paper (or original electronic record, where applicable) that bears the decedent’s original signature and the required witness signatures (or a self-proving affidavit). Probate courts generally require the original will to open probate, and the original’s presence and authenticity affect whether the court admits the document and how disputes get resolved. For Ohio statutory guidance on wills, see Ohio Revised Code, Chapter 2107: https://codes.ohio.gov/ohio-revised-code/chapter/2107.
What makes a document the original will under Ohio law?
- Original signature of the testator (the person who made the will).
- Signatures of at least two witnesses signed in the testator’s presence (or other formalities satisfied under Ohio law).
- A self-proving affidavit attached and notarized (if the will was made self-proving) can make proving the will easier, but the affidavit does not replace an original if the original will is required.
Ohio statutes set out the formal execution requirements and related rules. See Chapter 2107 for the statutory rules on execution and probate: https://codes.ohio.gov/ohio-revised-code/chapter/2107.
Practical steps to confirm whether the will you received is the original
- Look for original signatures and notary marks. The original will usually has the decedent’s original signature at the end of the document and the two (or more) witness signatures. If the will was self-proved, it will also include a notary acknowledgment and the witnesses’ affidavits. A photocopy will generally lack the raised ink of an original signature or the embossed notary seal.
- Check the physical characteristics. Originals often show ink strokes, pen pressure, indented signatures, and an embossed notary seal. Copies commonly appear uniformly printed and may include a “copy” watermark or low-resolution printing artifacts.
- Compare known signatures. If you have other documents signed by the decedent (e.g., checks, previous legal papers), compare the handwriting. If you have concerns, a handwriting expert or forensic document examiner can compare signatures more reliably.
- Ask the person who provided the document how they obtained it and for chain-of-custody details. Note who had custody, where it was stored (safe deposit box, attorney’s file), and whether anyone else had access. Record this information and preserve the document in a secure, dry place and refrain from marking it.
- Contact the decedent’s attorney or bank. Many people leave the original will with their lawyer or in a safe deposit box. The attorney who drafted or stored the will may confirm whether the copy you have matches their file and whether they hold the original.
- Check with the probate court. Contact the probate court in the county where the decedent lived to ask whether a will is already on file. If someone already filed an instrument, the court can tell you whether they received an original. If no will has been filed, the court can explain how to present a will for filing (probate).
- If you suspect fraud or tampering, preserve the document and get legal counsel. Do not alter, sign, or otherwise change the document. Photocopy the document for records, note where you found it, and seek advice from a probate attorney before taking further steps.
What if the original is missing and I only have a copy?
Ohio probate courts will generally prefer the original. If the original cannot be located, a copy may still be considered, but the party offering the copy will need to explain why the original is absent and present sufficient proof of the will’s validity. This often requires more evidence (witness testimony, proof of the signature, or other corroborating evidence). Because procedures and requirements can vary depending on the case facts, speak with a probate attorney about how best to proceed.
When to involve experts or legal counsel
If authenticity is contested, the usual next steps are:
- Consult a probate attorney experienced in Ohio estate matters.
- Preserve chain-of-custody and avoid handling the document more than necessary.
- Consider hiring a forensic document examiner for professional signature and ink analysis.
- Ask the probate court about emergency filing options if time-sensitive (e.g., to avoid asset transfers).
For statutory background on formal execution and probate of wills, Ohio Revised Code, Chapter 2107 provides the framework for how wills must be executed and how courts treat them: https://codes.ohio.gov/ohio-revised-code/chapter/2107.
Quick checklist: original signature present; two witness signatures present; self-proving affidavit/notary (if applicable); history of custody; contact decedent’s attorney or bank; check probate court filings; preserve and consult counsel.
Helpful Hints
- Do not write on, staple to, or otherwise alter the will. Preserve it in a clean folder.
- Photocopy the document immediately and note the date, time, and person who gave you the document.
- If the will was kept in a safe deposit box, bank staff or the decedent’s attorney can often confirm whether an original exists.
- If witnesses are available, ask them where they remember signing and whether they recall the decedent signing in their presence.
- Be proactive: if you hold a possible original, it’s usually best to file it with the probate court rather than let it remain unsecured.
- Keep communication written (emails/texts) about the will’s chain of custody to create a paper trail.
- Consult an Ohio probate attorney before filing or disputing a will—procedural mistakes can complicate admission to probate.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Ohio probate attorney.