Ohio § 2107.26 Lost, spoliated, or destroyed wills may be admitted to probate

Ohio Statutes

§ 2107.26 — Lost, spoliated, or destroyed wills may be admitted to probate

Ohio § 2107.26

Title 21Courts-Probate-Juvenile

Ch. 2107Wills

This text of Ohio § 2107.26 (Lost, spoliated, or destroyed wills may be admitted to probate) 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. § 2107.26 (2026).

Text

When an original will is lost, spoliated, or destroyed before or after the death of a testator, the probate court shall admit the lost, spoliated, or destroyed will to probate if both of the following apply:

(A)The proponent of the will establishes by clear and convincing evidence both of the following:

(1)The will was executed with the formalities required at the time of execution by the jurisdiction in which it was executed.

(2)The contents of the will.

(B)No person opposing the admission of the will to probate establishes by a preponderance of the evidence that the testator had revoked the will.

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When an original will is lost, spoliated, or destroyed before or after the death of a testator, the probate court shall admit the lost, spoliated, or destroyed will to probate if both of the following apply:

(A) The proponent of the will establishes by clear and convincing evidence both of the following:

(1) The will was executed with the formalities required at the time of execution by the jurisdiction in which it was executed.

(2) The contents of the will.

(B) No person opposing the admission of the will to probate establishes by a preponderance of the evidence that the testator had revoked the will.