Ohio § 2107.24 Treatment of document as will notwithstanding noncompliance with statute

Ohio Statutes

§ 2107.24 — Treatment of document as will notwithstanding noncompliance with statute

Ohio § 2107.24

Title 21Courts-Probate-Juvenile

Ch. 2107Wills

This text of Ohio § 2107.24 (Treatment of document as will notwithstanding noncompliance with statute) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2107.24 (2026).

Text

(A)If a document that is executed that purports to be a will is not executed in compliance with the requirements of section2107.03of the Revised Code, that document shall be treated as if it had been executed as a will in compliance with the requirements of that section if a probate court, after holding a hearing, finds that the proponent of the document as a purported will has established, by clear and convincing evidence, all of the following:

(1)The decedent prepared the document or caused the document to be prepared.

(2)The decedent signed the document and intended the document to constitute the decedent's will.

(3)The decedent signed the document under division (A)(2) of this section in the conscious presence of two or more witnesses. As used in division (A)(3) of

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(A) If a document that is executed that purports to be a will is not executed in compliance with the requirements of section2107.03of the Revised Code, that document shall be treated as if it had been executed as a will in compliance with the requirements of that section if a probate court, after holding a hearing, finds that the proponent of the document as a purported will has established, by clear and convincing evidence, all of the following:

(1) The decedent prepared the document or caused the document to be prepared.

(2) The decedent signed the document and intended the document to constitute the decedent's will.

(3) The decedent signed the document under division (A)(2) of this section in the conscious presence of two or more witnesses. As used in division (A)(3) of this section, "conscious presence" means within the range of any of the witnesses' senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.

(B) If the probate court holds a hearing pursuant to division (A) of this section and finds that the proponent of the document as a purported will has established by clear and convincing evidence the requirements under divisions (A)(1), (2), and (3) of this section, the executor may file an action in the probate court to recover court costs and attorney's fees from the attorney, if any, responsible for the execution of the document.