Detailed Answer
Step 1: Authenticate the Document
Begin by examining the will for the testator’s signature, attestation clause, and any witness signatures. If the original is missing but you have a copy, note that Ohio law allows a lost or destroyed will to be proved in solemn form if you can demonstrate it remained unrevoked. See Ohio Revised Code §2107.06.
Step 2: Gather Supporting Evidence
Collect credible evidence that the will was valid when executed and never revoked. Typical evidence includes:
- Affidavits or depositions from the original attesting witnesses (if alive).
- Secondary evidence such as certified copies, photocopies, or drafts of the will.
- Testator’s correspondence or estate planning notes referencing the will.
Step 3: File a Probate Petition
File a petition for probate in the probate court of the county where the decedent last lived. Ohio law requires you to:
- Identify the decedent by name, date of death and last address.
- Attach a certified copy of the death certificate.
- Attach the will or certified copy, along with evidentiary affidavits.
Refer to Ohio Revised Code §2107.07 for procedural details.
Step 4: Provide Notice
Ohio law mandates notice to all interested parties before the court admits a lost will:
- Devisees and residuary legatees named in the will.
- Heirs at law if the court deems notice necessary.
- Creditors via published notice under Ohio Revised Code §2109.32.
Step 5: Attend the Probate Hearing
The court schedules a hearing to evaluate your evidence. A judge may:
- Examine witness testimony.
- Assess the authenticity of copies or drafts.
- Decide if the will’s terms match what the testator intended.
If satisfied, the court enters an order admitting the will in solemn form. The order has the same effect as admitting an original.
Step 6: Executor Appointment and Duties
If the will names an executor, the court issues letters testamentary. If not, the court appoints an administrator with will annexed. Once appointed, the fiduciary must:
- Collect and safeguard estate assets.
- Report an inventory to the court within three months (ORC §2109.23).
- Pay debts, taxes and distribute inheritances per the will.
Step 7: Close the Estate
After distributing assets, prepare a final account and petition for discharge. Ohio courts typically grant discharge when all duties are complete and creditors have been paid.
Disclaimer: This article provides general information about Ohio probate law. It does not constitute legal advice. Consult a licensed Ohio attorney for guidance tailored to your circumstances.
Helpful Hints
- Act promptly: long delays can complicate witness testimony and asset recovery.
- Locate backup documents: bank records or insurance policies may reference the will.
- Keep originals secure: file them with the probate court once available.
- Use certified mail for notices to prove delivery.
- Consider hiring a probate attorney to navigate complex evidentiary requirements.