Ohio Will Requirements: How to Make a Valid Will in Ohio (ORC 2107)

Ohio will requirements determine whether your final wishes carry legal weight or get thrown out by a probate court. A probate court may declare invalid any will that fails to meet the standards in Ohio Revised Code Chapter 2107, meaning your property passes under intestate succession laws instead of going where you intended. You need to understand these requirements whether you are creating your own will or evaluating the validity of a loved one's.

This guide covers every requirement for a valid Ohio will, including age and capacity rules, witness requirements under ORC 2107.03, the status of holographic wills, self-proving affidavits, and what happens to a will after the testator dies.

Requirements for a Valid Will in Ohio

Ohio Revised Code Section 2107.03 sets out the core requirements for a valid will. Every will admitted to probate in Ohio must satisfy these elements. If any element is missing, interested parties can challenge the will, and the court may refuse to admit it.

Here is a summary of what Ohio law requires:

Requirement	Ohio Law
Age	18 years or older
Mental capacity	Sound mind and memory
Written form	Must be in writing
Signature	Signed at the end by testator
Witnesses	Two competent witnesses
Notarization	Not required (but recommended via self-proving affidavit)

Here is what each requirement means in practice.

Age and Mental Capacity Requirements

Age Requirement

Under ORC 2107.02, you must be at least 18 years old to make a valid will in Ohio. Unlike some states, Ohio does not provide an exception for emancipated minors. If you are under 18, you cannot create a legally binding will regardless of your circumstances.

Mental Capacity (Sound Mind and Memory)

Ohio law requires that the testator be "of sound mind and memory" at the time the will is executed. Courts in Ohio evaluate testamentary capacity by asking whether the testator:

Understood the nature of making a will and that the document would distribute their property after death
Knew the nature and extent of their property, at least in a general sense
Recognized their natural heirs, meaning the people who would normally inherit (spouse, children, parents)
Could form a rational plan of distribution connecting these elements

Courts evaluate mental capacity at the specific moment of signing, not before or after. A person with Alzheimer's disease or other cognitive conditions may still have a "lucid interval" during which they possess sufficient capacity. Conversely, someone who is generally sharp may lack capacity at the moment of signing due to medication, illness, or other temporary factors.

Undue influence is a separate issue from capacity. Even if the testator had sufficient mental capacity, the will can be challenged if someone exerted improper pressure that overcame the testator's free will. Courts look at factors such as the testator's vulnerability, the influencer's opportunity and disposition to influence, and whether the will's provisions seem unnatural or unexpected.

Witness Requirements Under ORC 2107.03

The witness requirement is where many Ohio wills fail. ORC 2107.03 requires that a will be attested and subscribed by two or more competent witnesses. Here is exactly what that means.

Who Qualifies as a Witness

Ohio law requires that witnesses be "competent." Here is what that means:

The witness must be at least 18 years old
The witness must be of sound mind and able to understand what they are witnessing
The witness must be able to testify in court if needed

Can a Beneficiary Be a Witness?

Yes. Under ORC 2107.15, a will is not invalidated merely because a witness is also a beneficiary. But having a beneficiary serve as a witness is strongly discouraged because it invites suspicion and will contests. If a will contest is filed, a beneficiary-witness may face intense scrutiny about whether undue influence was involved.

Best practice: Use two disinterested witnesses who have no stake in the will.

The Witnessing Process

Ohio law requires that witnesses:

See the testator sign the will, or hear the testator acknowledge that the signature on the will is theirs
Sign the will themselves in the presence of the testator
Be present in a way that satisfies the "presence" requirement

Ohio courts have generally interpreted the presence requirement broadly. The witnesses do not need to sign in each other's presence (unlike some states like Florida), but they must each witness the testator's signature or acknowledgment.

How Many Witnesses Does Ohio Require?

Ohio requires a minimum of two witnesses. You may have more than two, but two is sufficient. Having a third witness can provide a safety net if one of the original witnesses becomes unavailable, moves out of state, or dies before the will is probated.

Holographic (Handwritten) Wills in Ohio

Ohio does recognize holographic wills, but they must still meet the witness requirement. This is a key distinction that confuses many people.

A holographic will is a will written entirely in the testator's handwriting. In some states (like California and Texas), a holographic will can be valid without any witnesses as long as it is entirely handwritten and signed. Ohio is not one of those states.

In Ohio, a handwritten will must still be:

Signed by the testator at the end
Witnessed by two competent witnesses

If you write your will entirely by hand but fail to have it witnessed, that will is not valid in Ohio. The handwriting alone does not substitute for proper witnessing.

What About a Holographic Will from Another State?

If someone created a valid holographic will in a state that recognizes unwitnessed holographic wills (such as California or Virginia), and that person later dies domiciled in Ohio, the question becomes more complex. Under ORC 2107.18, Ohio may recognize a will that was valid under the law of the state where it was executed. But relying on this is risky. If you have moved to Ohio, have your will reviewed and re-executed under Ohio law.

Electronic and Oral Wills: Are They Valid?

Electronic Wills

As of 2026, Ohio does not have a statute specifically authorizing electronic wills. Unlike states such as Nevada, Florida, and Indiana that have enacted electronic will legislation, Ohio still requires a traditional written and signed document.

An electronic document stored on a computer, tablet, or phone is not a valid will under current Ohio law, even if it is "signed" electronically. If Ohio enacts electronic will legislation in the future, this guide will be updated.

Oral (Nuncupative) Wills

Ohio does not recognize oral wills. You cannot dictate your wishes to someone and have that count as a valid will, regardless of the circumstances. There is no emergency exception or military exception for oral wills in Ohio.

If someone is too ill or incapacitated to write or sign a will, Ohio law does allow another person to sign the will at the testator's direction and in their presence (ORC 2107.03). This is the only accommodation for physical inability to sign.

Self-Proving Affidavit

A self-proving affidavit is a sworn statement attached to the will that simplifies the probate process. While not required for a valid Ohio will, it is highly recommended.

What It Does

Under ORC 2107.24, a self-proving affidavit allows the will to be admitted to probate without requiring the witnesses to appear in court and testify. The affidavit serves as a substitute for live testimony.

How to Create One

A self-proving affidavit must be:

Signed by the testator under oath
Signed by both witnesses under oath
Notarized by a notary public or other authorized officer

You typically attach the affidavit to the will at the time of execution. The testator and witnesses sign the affidavit in front of a notary, who administers the oath and applies the notarial seal.

Why You Should Include One

Without a self-proving affidavit, the probate court must verify the will by one of these methods:

Having at least one witness testify in person
Obtaining a witness's testimony by deposition
If no witness is available, proving the testator's handwriting and one witness's handwriting through other evidence

This process takes additional time and can delay the probate timeline. A self-proving affidavit avoids all of this. For a few extra minutes of effort at signing, you save your executor a lot of hassle later.

Revoking or Amending a Will

Ohio law provides several ways to revoke or change a will after it has been executed.

Revocation by Later Will or Codicil

Under ORC 2107.33, a will can be revoked by executing a later will or codicil that:

Expressly revokes the earlier will, or
Contains provisions inconsistent with the earlier will

Best practice is to include a revocation clause in any new will: "I hereby revoke all prior wills and codicils."

Revocation by Physical Act

A will can also be revoked by a deliberate physical act under ORC 2107.33. The testator must:

Tear, cancel, obliterate, or destroy the will (or cause someone else to do so in their presence and at their direction)
Intend to revoke the will through that act

Simply losing a will is not the same as revoking it. If the original will cannot be found after the testator's death, Ohio courts may presume the testator destroyed it with the intent to revoke. But this presumption can be rebutted with evidence that the will was lost accidentally or was in the possession of someone else.

Codicils (Amendments)

A codicil is a supplement that amends specific parts of a will without replacing the entire document. Under Ohio law, a codicil must meet the same execution requirements as a will: written, signed by the testator, and attested by two witnesses.

While codicils are legally valid, most estate planning attorneys now recommend executing an entirely new will rather than attaching codicils. Multiple codicils can create confusion and increase the risk of will contests.

Revocation by Divorce

Under ORC 2107.33(D), if the testator divorces after making a will, all provisions in the will that benefit the former spouse are automatically revoked. This includes bequests and the appointment of the former spouse as executor. But if the will specifically states that it survives divorce, those provisions may stand.

What Happens to a Will After Death

When the testator dies, the person holding the will has a legal obligation to deliver it to the probate court. Under ORC 2107.07, anyone who has possession of a will must deliver it to the probate court of the county where the decedent was domiciled within one year of the death.

Failure to deliver a will is a serious matter. Ohio law provides penalties for suppressing or concealing a will, and anyone harmed by the failure to deliver a will may have a cause of action.

What the Executor Should Do

If you are named as executor, understanding your Ohio executor duties and responsibilities is essential. Here are the immediate steps after the testator's death:

Locate the original will (not a copy)
File the will with the probate court in the county where the decedent lived
Apply for appointment as executor by filing the appropriate probate forms
Work through the estate settlement using our Ohio estate settlement checklist and Ohio probate guide

You can use Settled's free Ohio estate assessment to understand what type of probate your situation requires.

Filing the Will with Probate Court

Where to File

You must file the will with the probate court in the county where the decedent was domiciled at the time of death. Ohio has 88 counties, each with its own probate court. You can find the correct Ohio probate court using Settled's court directory.

Filing Fees

Filing fees vary by county but typically range from $50 to $200 for the initial filing. Additional fees apply for the full administration of the estate. Use our Ohio fee calculator for estimates specific to your county.

What to Bring

When filing the will with probate court, you will typically need:

The original will (not a photocopy)
A certified copy of the death certificate (see our Ohio death certificates guide)
The application for authority to administer the estate
A completed schedule of assets (in some counties, this can be filed later)
Filing fee payment

Out-of-State Wills: Are They Valid in Ohio?

Ohio recognizes wills that were validly executed under the laws of other states, under certain conditions.

ORC 2107.18: Foreign Wills

Under ORC 2107.18, a written will that was executed outside Ohio is valid in Ohio if it was executed in compliance with:

The law of the state where it was executed, or
The law of the state where the testator was domiciled at the time of execution, or
Ohio law

This provides broad recognition of out-of-state wills. For example, a holographic will validly created in California (which does not require witnesses for holographic wills) could potentially be admitted to probate in Ohio, even though Ohio itself requires witnesses for all wills.

Practical Recommendations

If you have moved to Ohio from another state:

Have your will reviewed by an Ohio attorney
Consider re-executing the will under Ohio law
Ensure your will includes a self-proving affidavit that meets Ohio requirements
Update beneficiary designations on non-probate assets

If you own property in multiple states, you may need to consider ancillary probate for real estate located outside Ohio.

Frequently Asked Questions

Does Ohio require a will to be notarized?

No. Notarization is not required for a valid Ohio will. But a notarized self-proving affidavit is strongly recommended because it simplifies the probate process by eliminating the need for witness testimony in court.

Can I write my own will in Ohio without a lawyer?

Yes. Ohio does not require that an attorney draft your will. But a will must still meet all the legal requirements: written, signed by the testator, and witnessed by two competent people. Mistakes in DIY wills are common and can be costly. At minimum, consider having an attorney review your document.

What happens if my will does not meet Ohio's requirements?

If your will fails to meet the requirements of ORC 2107.03, the probate court may declare it invalid. Your estate would then pass under Ohio's intestate succession laws, which distribute assets based on a statutory formula rather than your wishes.

Can I disinherit my spouse in Ohio?

You can attempt to disinherit your spouse in your will, but Ohio law gives surviving spouses the right to an elective share, which guarantees them a portion of the estate regardless of what the will says. Ohio also provides additional surviving spouse protections in probate, including a $40,000 family allowance and one year of rent-free residence. You cannot use a will alone to completely cut out a surviving spouse.

How often should I update my will?

Review your will after any major life event: marriage, divorce, birth of a child, death of a beneficiary, major change in assets, or a move to a new state. At minimum, review your will every three to five years to ensure it still reflects your wishes. Our Ohio estate planning basics guide covers strategies for keeping your plan current.

Are video wills valid in Ohio?

No. A video recording of someone stating their wishes is not a valid will under Ohio law. But a video can be useful as supplementary evidence of the testator's mental capacity and intent, which may be relevant in a will contest.

What if I cannot find the original will?

If the original will cannot be located after the testator's death, Ohio courts generally presume it was destroyed with the intent to revoke. This presumption can be overcome with clear and convincing evidence that the will was not intentionally destroyed. A copy of the will, along with testimony about the circumstances, may be used to establish the will's contents.

Related Guides

Sources:

"Ohio Revised Code Chapter 2107: Wills," Ohio Legislature, 2026, https://codes.ohio.gov/ohio-revised-code/chapter-2107
"Making a Valid Will in Ohio," Ohio State Bar Association, 2025, https://www.ohiobar.org/public-resources/commonly-asked-law-questions/wills-and-estates/
"Self-Proving Affidavit Under ORC 2107.24," Ohio Probate Law Journal, 2024

This guide provides general information about Ohio will requirements under ORC 2107. Consult with an Ohio probate attorney for advice specific to your situation.