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2 important requirements for a valid will in Ohio

Posted by Joshua Gunsher, Esq. | Aug 12, 2022 | 0 Comments

Drafting a will is an important step for every adult, especially those with valuable personal property and dependent family members. Your will can provide a guardian for your minor children and designate beneficiaries for your most valuable personal property after you die.

Those who have a will can create a legacy for themselves and protect their immediate family members. However, if you take the wrong steps while creating your testamentary documents, they may not hold up under scrutiny in the Ohio probate courts, let alone if someone challenges your last wishes.

What are the requirements for a valid will in Ohio?

You must be of sound mind and have witnesses

As an adult over 18 years of age, you can theoretically draft a will at any point. You simply need to write out your legacy wishes, such as who will take care of your children and what property you want your specific family members to inherit. Being clear about what property you want to designate for people and the identities of your beneficiaries is crucial.

You must then sign the documents in front of two witnesses who are also adults of sound mind. They need to be people who do not directly benefit from the will you just created. Those witnesses can help affirm that the document presented to the probate courts after your death is the same document you drafted and signed. They can also help affirm that you had the necessary testamentary capacity to create an estate plan at that time.

Educating yourself about the estate planning laws in Ohio will help you create documents that achieve your long-term goals.

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