Detailed answer: how Ohio treats improperly signed wills

Ohio law sets clear formal requirements for a valid written will. Under Ohio Revised Code section 2107.03, a will must be written, signed by the testator (or in the testator\’s name by another person in the testator\’s presence and by the testator\’s direction), and signed by at least two witnesses who sign in the presence of the testator and each other and at the end of the will. See the statute here: ORC 2107.03.

Ohio also provides for a \”self-proved\” will, where the testator and witnesses sign an affidavit before a notary at the time of signing. A properly self-proved will speeds admission to probate; see ORC 2107.04.

If a will does not meet these execution requirements, the probate court commonly treats it as invalid for purposes of formal probate. The immediate practical consequences include:

• Admission denied or challenged: The court may refuse to admit the document to probate as a valid will.
• Intestate succession: If the will is found invalid and there is no other valid testamentary document (or a valid trust), the decedent\’s assets will be distributed under Ohio\’s intestacy rules to the surviving spouse, children, parents, or other heirs in the statutory order.
• Increased litigation risk: Family members may contest the ruling or bring competing claims, which can delay administration and increase costs.
• Administrative complications: Banks, title companies, and the executor/administrator may require court orders for asset transfers, which lengthens the process.

There are limited, fact-specific situations where a probate court may consider extrinsic evidence of the decedent\’s intent or other remedial doctrines. Those remedies are fact-driven, vary by case, and require careful legal argument. If you believe a document should be admitted despite technical defects, consult a probate attorney quickly to evaluate whether any narrow exceptions or equitable relief might apply.

Hypothetical example

Jane signs a typed will leaving everything to her niece, but only one witness signs (not two). After Jane dies, the niece presents the will to the probate court. Because the will lacks the signatures of two witnesses as required by ORC 2107.03, the court may refuse to admit it as a valid will. If no other valid will or trust exists, Jane\’s estate could pass under Ohio\’s intestacy rules to Jane\’s spouse, children, or next of kin rather than to the niece.

What the probate court will typically do

• Review the presented document and proof of execution.
• Require the proponent to prove the will was properly executed.
• If the will is rejected, open an intestate estate and appoint an administrator under the court\’s probate procedures.
• Resolve any creditor claims, tax obligations, and creditor notices before distribution to heirs or beneficiaries.

Because each estate and court filing differs, timelines and procedures vary. Bringing the original document and any witness contact information to a probate attorney helps the attorney evaluate options quickly.

Important: This is educational information and not legal advice. Only a licensed attorney can evaluate the facts of a case and represent parties in probate court.

Helpful hints

• Preserve the original document. Do not alter, mark on, or destroy the alleged will.
• Locate witnesses. If witnesses signed, collect their contact information and statements about signing and witnessing the document.
• Search for other estate planning documents such as prior wills, codicils, trusts, or beneficiary designations (bank accounts, life insurance, retirement plans) that may control distribution of certain assets.
• Check for a self-proved affidavit attached to the will (ORC 2107.04). A self-proved will usually simplifies admission to probate: ORC 2107.04.
• Contact the probate court clerk where the decedent lived to ask about filing requirements and local practice for admitting wills and opening estates.
• Consult a probate attorney promptly if the will appears invalid. An attorney can explain options, including possible limited court remedies or challenges, and can represent you in filings or hearings.
• Expect delays and costs. If a will is rejected, probate can take longer and cost more than when a clearly valid will is admitted.