How to Make a Will in Ohio

Writing a will is vital for planning your estate after death. Wills allow the testator to protect their loved ones after death and designate the estate executor, who will follow the will’s instructions.

What are the steps to create a will in Ohio?

The following are the sequential instructions on how to write a will in Ohio:

1.    Determine the method by which you will compose your will.

This may be through a lawyer, Do-it-yourself (DIY) kits, or online sources. This step is essential for planning the will-making costs.

2.    Select your beneficiaries.

Beneficiaries are individuals or entities that you choose to receive your assets or upon your death. Failure to select beneficiaries may lead to non-intended recipients inheriting from you.

3.    Select suitable guardians for your underage children or pets, if applicable.

By selecting a guardian, you will rest assured that your children or pets are with someone you trust to take good care of them.

4.    Select your designated executor

This individual will collaborate with the probate court to execute the instructions specified in your will. Failure to designate an executor will result in the court appointing one, which may conflict with your wishes.

5.    Execute and attest your will in compliance with Ohio legislation.

It is crucial to have proper execution and attestation for the will’s validity.

6.    Ensure the secure storage of your will.

The will must be stored safely to avoid any destruction and the application of intestacy laws due to its absence.

What happens if I don’t have a will?

Where you don’t have a will, your estate will be distributed per Ohio intestacy laws.

What are the requirements for writing a last will and testament in Ohio?

To write a last will and testament in Ohio, one must:

1.    Be at least 18 years old

The general assumption is that at 18 years, one is mature enough to make a will.

2.    Have a sound mind and memory

This ensures the testator understands the significance of creating a will, the nature and scope of the property and relationships and can use appropriate discretion.

3.    Be exercising free will and acting voluntarily

This ensures that the testator’s acts are his own.

How often should you review and update your Ohio will?

You should review and update your last will and testament per your life changes. Some pivotal life changes that would warrant review and updating of your will include:

1. Defining moments in your life such as marriage, divorce, children, death of a beneficiary or executor
2. Shifts in your financial situation, such as acquisition or disposition of assets
3. Legal and tax amendments. Some changes in law and taxes may warrant a will review or update.
4. Evolution of relationships. You may want to add or remove particular beneficiaries in your will over time.

However, you should regularly review and update your will to guarantee the accurate representation of your desires and the sufficient safeguarding of your loved ones.

How to revise and update your will in Ohio

In Ohio, codicils are the primary method for revising and updating a will. Codicils must be executed using the identical formalities as those required for a will.

What makes a will valid in Ohio?

Ohio’s requirements for a valid will are:

1. The testator is at least 18 years old
2. The testator has a sound mind and memory
3. The will is made freely and voluntarily
4. The will is in writing
5. The will is signed at the end by the testator or by someone in the testator’s conscious presence and command
6. Two or more witnesses witness and sign the will in the testator’s conscious presence.The witnesses should be at least 18 years old and ideally disinterested parties, meaning they do not stand to gain from the will.

Can a handwritten will be valid in Ohio?

Yes, a handwritten will can be valid in Ohio. However, the handwritten will must satisfy all the requirements of a standard will to be deemed valid. For more information on how to create a will in Ohio or how to file a will in Ohio, kindly contact LegalPen.

How do I sign my Ohio will?

You are required to either sign the end of your will or acknowledge your will in the presence of two witnesses, and those witnesses are additionally required to sign the will in your presence.

What can I include in an online will in Ohio?

Any Ohio will should be in writing save for oral wills. Digital copies are not valid.

Types of assets covered in an Ohio will

The types of assets covered in an Ohio will are probate assets. A probate asset refers to an asset that requires the involvement of the probate court to properly transfer the ownership of the item to the designated heir. Probate assets often refer to assets exclusively titled in the name of the deceased individual at the time of their death. Examples of probate assets include real estate stocks and bonds. Non-probate assets are transferred to the recipient without going through the legal process of probate, and such assets include Payable on Death accounts (POD) and Transfer on Death accounts (TOD).

Can I revoke or change my will in Ohio?

Yes, you can revoke or change your will in Ohio.

How do you revoke or change your will in Ohio?

Revocation of a will can be done by:

1. Deliberately destroying it, you may choose to incinerate, rip, shred, or otherwise obliterate it
2. Requesting someone to carry out its destruction on your behalf
3. Generating a fresh will. Typically, a more recent will supersedes any previous wills you have written. Ensure that your new will explicitly states its intention to revoke your prior will and eliminate all previous wills and codicils to prevent potential confusion.

Changes to a will can be made by writing a codicil. Where you want modifications to your will, nullifying the existing one and creating a fresh document is advisable. Should you need to make minor modifications, you can create a codicil and execute it under the same conditions as a will. Should you additionally need more details on how you update your will, please contact LegalPen.

Can I make a digital or electronic will in Ohio?

No, you cannot make a digital or electronic will in Ohio. Ohio lawmakers presented a bill in 2019 that would have permitted electronic signatures when creating a will and other estate planning papers, but it was not passed.

Who can witness a will in Ohio?

The Ohio Revised Code specifies that witnesses must be at least 18 years old and, preferably, “disinterested,” meaning they are not entitled to any advantages under either the will or local inheritance laws.

Should my will name an Executor?

Yes, your will should name an executor since failure to name one will result in the court appointing one on your behalf, and such an appointment might not align with your wishes.

What are the Ohio will executor requirements?

The Ohio will executor requirements are:

1.    Being at least 18 years old

This ensures that the executor can handle the responsibilities of the role.

2.    Sound mind

This ensures that the executor has the mental capacity to dispense his duties.

It is generally advisable to select an executor who resides in Ohio and is close to you since Ohio’s regulations regarding out-of-state executors can be intricate.

What happens to a will after death in Ohio?

After death, an individual, such as your executor or a family member, submits your will to the probate court. Ohio does not have a stringent deadline for this submission, but if an individual is aware of the existence of a will, they have a legal duty to present it to the court. There may be consequences for not disclosing it. This is the first step in the probate process.

What is the impact of marriage and divorce on your Ohio will

According to Ohio law, a will made by an unmarried individual is not revoked by a subsequent marriage. However, when one spouse passes away, the remaining spouse is entitled to legal rights, regardless of whether or not the deceased spouse made a will.

In the event of divorce, a court decision of the marriage’s invalidity or separation and the subsequent establishment of a separation agreement, Ohio law nullifies any provisions in a will that designate the spouse as a beneficiary or executor. However, the rule is rendered moot by remarrying your spouse or specifying in your will, divorce decree, or property split agreement that divorce should not affect the will’s terms.

Do all wills in Ohio have to go through probate?

Yes, all wills in Ohio have to go through probate. Legally, a will does not escape probate. When the decedent leaves a legitimate will, the probate judge will examine it to confirm its validity and correct execution. However, not all estates must undergo probate. To reduce the amount of assets that may end up in probate, one can employ estate planning instruments such as trusts, beneficiary designations, transfer or payable-on-death designations, and other asset management tactics.

Is Ohio a community property state?

No, Ohio is not a community property state. In Ohio, property division in a divorce is governed by a rule called “equitable distribution.” In contrast to community property, equitable distribution does not include a strict 50-50 division of assets. Instead, the courts will assess whether the property is classified as marital or separate and then divide it in a just and fair way.

How is Ohio’s intestate succession done?

The following is the usual succession order in Ohio intestate succession:

1. In the event that you are married but do not have any children, your spouse will be the recipient of your estate.
2. The inheritance of your estate will be given to your spouse if you are married and have children with your spouse. In Ohio, children refer to biological or adoptive offspring; foster children or stepchildren are not regarded as one’s children and are not eligible to receive a portion of your assets.
3. When you are married and have children with a person who is not your spouse, your spouse may receive at least one-third of your inheritance. Your children will inherit the remainder of your estate.
4. Where you are unmarried and have children, your children will inherit your estate, often in equal portions. Without children, your estate will be transferred to your parents. Should your parents not be alive, it will then be passed on to your siblings. Without siblings, your estate will be dispersed among any extended family members you may have.
5. In the event that the court is unable to locate any living relatives through blood relations or marriage, the state of Ohio will assume ownership of your property as a final option.

How is estate and inheritance tax in Ohio done?

Your estate may be liable to federal and state estate taxes. But Ohio has done away with estate taxes, much like most states. The individual exemption for federal estate is $12.92 million, while the married couple exemption is $25.84 million for 2023. Where the value of your property is less than this threshold, then no federal estate tax will be due. Individuals will be subject to a reduced exemption level of $5 million, indexed for inflation after the Tax Cuts and Jobs Act of 2017 expires at the end of 2025. Ohio, like the majority of states and the federal government, does not collect inheritance tax, which is a tax that individuals are required to pay when they receive assets or property from an estate.

What are the differences between a simple will and a holographic will in Ohio?