Is An Online Will Legally Valid in Ohio?

In Ohio, online wills are legally valid. However, just creating one does not make it legally valid. There are steps you need to take for it to be accepted by the court. Here are some things to know.  

‍

Not to worry, FeedingBird walks you through every step with clear, structured guidance.

What Makes an Online Will Legally Valid in Ohio?

Under Ohio Revised Code 2107.03, the testator must sign the will and ensure it is attested and signed by two or more competent witnesses in the testator's presence for it to be considered valid. While notarization is encouraged, it is not required to make a will valid. Unlike most states, Ohio does not offer a notarized self-proving affidavit at all. Instead, a will is proved in probate court through the testimony or deposition of a witness.

‍

Ohio does not consider unwitnessed holographic wills to be legally valid. Even a will that is entirely handwritten by the testator still must be signed by two witnesses for it to hold up in court. A narrow exception allows an oral will made during a person's last illness, but only for personal property and only with two disinterested witnesses, or witnesses not named in the will.

What You Need to Know about Online Wills in Ohio

Estate laws can be difficult to navigate and are different in most states. Make sure you are following Ohio’s specific requirements if you don’t want a long, costly court process.  

Ohio Property Laws

In Ohio, property owned solely in your name is distributed as is stated in the will, or, if you have none, asset distribution will follow the state's intestate succession rules.

Ohio Probate

Most estates in Ohio go through probate court. Smaller estates may qualify for Release from Administration under ORC 2113.03 if the assets are $35,000 or less, or $100,000 or less when a surviving spouse is entitled to the entire estate.

Avoiding Probate in Ohio

Probate is often expensive and time consuming, For those reasons, people often identify avenues for avoiding it altogether. These options can help.  

• A revocable living trust will help you avoid probate court. Unlike a will by itself, a  living trust lets you keep control over your estate as the trustee, also naming a successor trustee to manage distribution upon your death.

• Beneficiary designations on financial and retirement accounts is another option. A payable-on-death (POD) designation identifies a new owner for that bank account upon your death, and a transfer-on-death (TOD) designation identifies who the account will pass to for brokerage accounts.

• Use a transfer-on-death designation affidavit for real estate. This automatically names a new owner for that property upon your death.

• Hold property in joint and survivorship ownership. This will allow it to pass automatically to the surviving owner and bypasses probate.

Want to learn more about trusts? Discover what is included in a trust.