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
Verifying whether a decedent left a valid will or other estate planning documents involves several strategic steps. Under Ohio law, a valid will must meet formal execution requirements and then be offered for probate. Here’s how to confirm the existence and validity of such documents:
- Review the Decedent’s Personal Records. Start by searching the home, office, electronic files, filing cabinets, bank statements and email accounts for clues—letters from attorneys, trust documents, or original signed wills. Keep an eye out for safe deposit box keys or notifications of a box rental.
- Contact the Decedent’s Attorney or Law Firm. Many people engage counsel to draft wills, trusts, powers of attorney or health care directives. The attorney may hold the original documents in their client file. Ask whether they’ve retained originals or copies, and whether they filed anything with the probate court.
- Search with the Probate Court. In Ohio, wills are probated in the probate court of the decedent’s county of residence. Under Ohio Rev. Code § 2107.21 (ORC 2107.21), any person in possession of a will must present the original to the clerk of courts for probate. Contact the clerk’s office to search the will index by name of the decedent. If an original will was filed, the court clerk can confirm its existence and provide certified copies.
- Investigate Safe Deposit Boxes. If you find evidence of a safe deposit box, Ohio Rev. Code § 2113.61 (ORC 2113.61) outlines procedures for accessing the box after death. Typically, the personal representative or next of kin obtains a court order authorizing the bank to open the box. Inside, you may uncover a will or other planning materials.
- Address a Lost or Missing Will. If you suspect a will existed but cannot locate the original, Ohio Rev. Code § 2107.17 (ORC 2107.17) allows probate courts to admit a copy or draft if you can prove by clear and convincing evidence that the decedent executed the will and did not intentionally destroy it.
- Observe Filing Deadlines. Ohio Rev. Code § 2107.80 (ORC 2107.80) sets time limits for filing a will for probate. Typically, a will must be offered to probate within four years of the decedent’s death. Acting promptly helps avoid challenges or lost opportunities to admit a valid will.
Helpful Hints
- Prepare a checklist of likely locations: home desk, fireproof box, attorney’s office, digital storage.
- Keep detailed notes of every search action, conversation and court inquiry.
- Confirm the decedent’s county of residence at death—probate jurisdiction centers there.
- Consider publishing a generic notice in the local newspaper—sometimes solicitors for creditors or unknown heirs surface.
- If you locate no documents but suspect estate assets, petition the probate court to appoint a personal representative to manage estate administration.