Detailed Answer: What Happens If a Will Is Lost or Destroyed in Ohio?

This FAQ explains, in plain language, how Ohio law treats a lost or destroyed will and what steps you should take if you face this situation. This is educational information only and is not legal advice.

Key principles under Ohio law

Ohio treats lost or destroyed wills in two different ways depending on why the original is not available:

• Intentional destruction by the testator: If the person who made the will (the testator) destroyed, burned, tore, or otherwise obliterated the original with the intent to cancel or revoke the will, Ohio law treats the will as revoked. Physical destruction coupled with intent is usually conclusive evidence of revocation.
• Loss, accidental destruction, or destruction by someone else: If the original will is missing for reasons other than the testator’s intentional revocation (for example, the will was misplaced, accidentally destroyed, or destroyed by a third party without the testator’s intent), the proponent of the will can ask the probate court to admit evidence of the will’s contents and validity so the decedent’s wishes can be carried out.

How a lost or destroyed will is established in probate

If a will’s original cannot be found, the person seeking to use that will (the proponent) generally must:

1. File a petition with the local probate court to have the will admitted to probate despite the missing original.
2. Provide evidence that the will was properly executed (for example, testimony or affidavits from the witnesses who signed the will or other proof of the testator’s signature and the required formalities).
3. Prove the contents of the lost or destroyed will. This often means presenting a copy of the will, drafts, or reliable testimony from witnesses who recall the will’s terms.
4. Show that the testator did not intend to revoke the will (if there is a question whether the testator destroyed the will to revoke it).

Ohio courts will require strong, credible evidence that the missing document was a valid will and that the testator did not revoke it. Courts commonly look for witness testimony, copies or drafts of the will, correspondence showing the testator’s intent, and any contemporaneous records supporting the will’s terms.

What evidence helps when the original will is gone?

Useful evidence includes:

• A complete copy of the will (typed or scanned).
• Drafts or previous versions showing the testator’s intent.
• Affidavits or sworn testimony from the subscribing witnesses who attested to the will’s execution.
• Testimony from third parties who knew the testator’s estate plans (e.g., attorney, financial advisor, family members), especially if they remember specific terms.
• Emails, letters, or other records in which the testator discussed the will or its provisions.
• Evidence about how the original went missing (e.g., proof the will was lost in a fire vs. intentionally torn up).

What if someone else destroyed the will?

If a third party destroyed a will without the testator’s intent to revoke it, the probate court can still consider the will’s contents if presented with sufficient proof. In some cases, the person responsible for destroying the will may face civil or criminal consequences, but the primary probate issue is whether the decedent intended revocation.

Practical steps to take right away

1. Search carefully for the original will (safe deposit boxes, attorney file, home, digital vaults).
2. Gather any copies, drafts, and correspondence related to the will.
3. Contact witnesses who signed the will or others who knew its terms and ask them to preserve their recollections and any documents.
4. Contact the probate court in the county where the decedent lived to learn local filing procedures and whether there are specific forms to request admission of a lost will.
5. Consider consulting a probate attorney promptly. An attorney can draft the petition, gather and present evidence, and represent you at hearings.

Relevant statute

Ohio law on wills is located in Chapter 2107 of the Ohio Revised Code. For the general statutory framework on wills and probate procedure, see the Ohio Revised Code, Chapter 2107: https://codes.ohio.gov/ohio-revised-code/chapter-2107. The chapter covers will execution, revocation, and related probate procedures. If you need a specific statutory citation for a particular issue, check the sections within that chapter or consult an attorney.

Common outcomes

• If the court finds that the testator intentionally revoked the will, the will will not be admitted and the estate will pass under a later valid will or under Ohio’s intestacy rules.
• If the court finds sufficient proof of the will’s contents and no valid revocation, the court may admit a copy or other evidence of the will and distribute the estate according to its terms.

Helpful Hints

• Act quickly: delays can make witness memories fade and documents harder to find.
• Preserve all possible evidence: copies, drafts, emails, and witness contact information.
• Ask subscribing witnesses for sworn affidavits if they cannot appear immediately.
• Check whether the attorney who prepared the will kept a copy or a file note.
• Check safe deposit boxes and bank records that might indicate where the will was stored.
• If you suspect someone destroyed the will maliciously, document any suspicious activity and mention it to the probate court and your attorney.
• Consult a probate attorney familiar with Ohio probate practice—procedures and evidentiary requirements can vary by county and judge.

Disclaimer: This article explains general rules under Ohio law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Ohio probate attorney.