Free Ohio Last Will and Testament Form

A will is a legal instrument that contains the instructions of a person (testator) related to their assets in case of death, created in the format prescribed by law. Commonly, most individuals will only benefit from creating a last will and testament.

Even if you don’t possess a lot of assets, a will can really help your family situation and prove to be essential to your household upon your passing. Here, you are able to get a free Ohio last will and testament form that you can fill in and print.

Other than that, down below, you will find a lot of information pertaining to the last will creation process and frequently asked questions.


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Ohio Last Will Laws and Requirements

Requirements State laws
Statutes Chapter 2107 – Wills
Signing requirement Two witnesses 2107.03 Method of making will
Age of testator 18 or older 2107.02 Who may make will
Age of witnesses 18 or older 2107.06 Age requirement for witnessing will
Self-proving wills Not allowed
Handwritten wills Recognized if witnessed according to the state law 2107.03 Method of making will
Oral wills Recognized if meeting certain conditions 2107.60 Oral will
Holographic wills Not recognized
Depositing a will Possible with the the office of the judge of the probate court in an Ohio county A fee is county-specific 2107.07 Deposit of will

How to Make an Ohio Last Will and Testament

  1. Think about your possibilities. Prior to getting started, it is best to decide if you want to use the services of a legal professional or do the entire document on your own. If you want to make the will on your own, select the type you will go for: a handwritten will or perhaps a free last will and testament form.
  2. Specify your details. Fill out your full legal name and address (the city, county, and state of residence) to establish the testator of the last will. Check the details you wrote and the rest of the passage, including “Expenses and Taxes.”
    Details indication section of last will document for Ohio
  3. Appoint the executor (or executrix). In this passage, you determine who will execute your last will and testament by entering their full legal name, along with their city, county, and state of residence. Most states have specific restrictions regarding the out-of-state representatives and executors, which almost always suggests a lot more hassle and paperwork. For this reason, it’s advised to designate an individual who lives in the same state as you. As an assurance, you may appoint an alternative executor of the last will and testament. This way, you will be able to ensure that, even when the initially appointed executor is unable to carry out their duties, there is another trustworthy person you can count on.
    Executor choosing part of Ohio will and testament
  4. Establish the guardian (optional). It is possible to appoint a trusted person as a guardian in the event that you have underage or dependent children that must be looked after. If there are no directions pertaining to who should take care of your kids, the guardian will be appointed by the court.
    Appointing the guardian section of Ohio last will
  5. Establish your beneficiaries. Now establish individuals to whom you leave your property, that is, your beneficiaries. For each inheritor, fill out the following details: full name, address, and how they are related to you.
  6. Allocate assets. Write down your possessions and describe exactly how you wish to distribute them amongst your inheritors if you’ve got something on your mind other than splitting the property evenly. Assets could include money for unpaid debts, realty, shares, company ownership, cash, as well as any physical things of monetary worth you own. Please notice that there are things that can’t be distributed in your last will and testament, for example, joint and living will property and life insurance.
    Section for specifying beneficiaries and allocating property of last will form for Ohio
  7. Ask witnesses to sign the document. Ohio laws stipulate that no less than two witnesses must sign a will so that it is deemed valid. They must be over 18 years old and have absolutely no interest in your last will; thus, these people can’t be inheritors. Think about selecting witnesses younger than you to ensure they will be present in case the will is contested in the court or if any other problem takes place. At this point, you (as well as your two witnesses) must sign the paper after writing your full legal addresses and names. Don’t forget to look over each sentence carefully before concluding the matter.
    Signatures of witnesses part of a document of last will Ohio

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Frequently Asked Questions

What is the main difference between 'Power of Attorney' and 'Executor'?

The principal distinction between the two documents is that when you have passed away, the representative you name via power of attorney loses their legal authority to deal with any matters for you.

There are various kinds of power of attorney, the two primary ones being:

  • General power of attorney – lets you assign a proxy (agent) who’ll be able to manage your financial and legal affairs instead of you. However, this document will become ineffective in case the principal dies or becomes incapacitated.
  • Durable power of attorney – gives the same rights to the proxy as the first type but stays effective even when the person on behalf of whom the agent acts becomes incapacitated.

An executor is a person you trust and appoint to ensure the last will’s directions are carried out. One person could be both your last will’s executor and power of attorney proxy.

Should I attest my will in Ohio for it to be effective?

In Ohio, you do have to notarize your last will.

When weighing an attested and holographic last will, which is better?

A holographic will is handwritten. For it to be valid, this document has to be entirely in the handwriting of the testator, as well as dated and signed by them. These wills are more typically used in situations of emergency and/or until more conventional documents can be put in place (either by an attorney or using a last will template like the one you can obtain from this website). Holographic last wills can contain unclear instructions and might miss vital provisions, so they are more challenging to enforce and can delay the probate considerably. For this reason, it may be a better choice to go with the second solution that we go over below.

An attested last will is a typewritten document that is often based upon a fillable form obtainable online or created through a lawyer. For it to be regarded as valid, it must be signed by the testator and two credible witnesses older than 18 in the testator’s presence, which can also be done in the presence of a notary public.

What is testamentary capacity?

The testator must meet testamentary capacity requirements to be able to make and modify their will, which includes being of sound mind.

There are generally two requirements to meet: soundness of mind and age. In the majority of states, you have to be over 18 years old in order to create a last will. Soundness of mind means that you are aware of your property and the beneficiaries of your possessions and fully understand the consequences of your doings.

Is it mandatory (in Ohio) to attach a self-proving affidavit to my last will and testament?

In Ohio, self-proving wills are not allowed.

Is it allowed to disinherit your child or spouse?

In Ohio, there is no such term as community or marital property. This indicates that all the assets collected or increased during the marriage do not have to be equally shared between marriage partners. Consequently, you can disinherit your spouse, but he/she will be admitted to a fixed minimum amount of your property.

According to the 2018 study, in the State of Ohio, the divorce rate is 7.2 per 1,000 women over 15 years old, in comparison to the average US rate of 7.7.

As for the others, it’s legal in Ohio to disinherit family members in your will. Your adult children or any other members of the family can be lawfully disinherited entirely in your last will. For doing that, include corresponding sections to the last will and testament.

Is it possible to amend my last will without my assent?

No, it is solely you who can amend your will. A third party is only able to sign the last will and testament in case you’re physically incapable of doing so.

Is it possible to revise a typewritten last will and testament after I sign it (in Ohio)?

Yes, this can be done.

A person who wrote the will is permitted to adjust or revoke his or her last will and testament anytime. The only case that may prevent you from doing so is if this doing is forbidden under the contract you signed.

Additionally, it can be a wise decision to improve your last will and testament as you experience an important life event such as:

  • Birth or adoption of a child
  • You got married or divorced
  • Purchasing or selling real estate
  • Noticeable changes in your finances

What will happen if I have lost my last will and testament?

In case the last will has been lost or damaged, according to Ohio law, the court will accept it. However, nothing but the original of the last will and testament can be admitted by the probate court.

As per Ohio law, the absence of the will is assumed as its cancellation. That means the trustee should provide evidence of the last will’s credibility, which may be very troublesome.

For a holographic last will, you will require sworn witnesses and testimony to prove. That makes the situation even more difficult. Moreover, you will also have to prove the actual reason why the last will and testament and its details can’t be produced in ways that will also ensure it has not been annulled.

If I am physically unable to sign my will, what do I have to do?

By the Ohio Estate Code, it is possible for a person to sign his or her last will providing it is your (as a testator) directive and in your presence. The person who wrote the will can convey their last wishes verbally, by way of responding positively to an inquiry, or with a gesture.

You can have a notary sign the name of a testator who is physically unable to do it if the testator instructs the notary public with a witness present. This witness is chosen much the same way someone could decide on an executor – they can’t have any legal or equitable interest in any property and assets being the concern of or affected by the last will.

Related documents Times when you might want to have one
Codicil Your last will needs one or a number of minor adjustments.
Self-proving affidavit You want to keep from possible problems in the probate court.
Living will You want to make sure that, in case you’re incapacitated, you are treated exactly how you’d like to.
Living trust You want to avoid probate by putting your property in the possession of a trust.
Published: Sep 18, 2020
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.