Effective: March 22, 2019
Latest Legislation: House Bill 595 - 132nd General Assembly
(A) If real property is devised or personal property is bequeathed by a will, the executor or any interested person may cause the will to be brought before the probate court of the county in which the decedent was domiciled. By judicial order, the court may compel the person having the custody or control of the will to produce it before the court for the purpose of being proved.
If the person having the custody or control of the will intentionally conceals or withholds it or neglects or refuses to produce it for probate without reasonable cause, the person may be committed to the county jail and kept in custody until the will is produced. The person also shall be liable to any party aggrieved for the damages sustained by that neglect or refusal.
Any judicial order issued pursuant to this section may be issued into any county in the state and shall be served and returned by the officer to whom it is delivered.
The officer to whom the process is delivered shall be liable for neglect in its service or return in the same manner as sheriffs are liable for neglect in not serving or returning a capias issued upon an indictment.
(B) In the case of a will that has been declared valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, the judge of the probate court or of the general division of the court of common pleas to which the proceeding was transferred pursuant to division (A) of section 5817.04 of the Revised Code who made the declaration shall cause the judgment declaring the will valid to be brought before the proper probate court as determined by section 2107.11 of the Revised Code at a time after the death of the testator. If the death of the testator is brought to the attention of the applicable judge by an interested party, the judge shall cause the judgment declaring the will valid to be brought before the proper probate court at that time.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Section 2107.01 | Will Construed.
Section 2107.011 | Inheritance and Bequest Defined.
Section 2107.02 | Who May Make Will.
Section 2107.03 | Method of Making Will.
Section 2107.04 | Agreement to Make a Will.
Section 2107.05 | Incorporation by Reference.
Section 2107.06 | Age Requirement for Witnessing Will.
Section 2107.07 | Deposit of Will.
Section 2107.08 | Delivery of Deposited Will.
Section 2107.09 | Who May Enforce Production of a Will.
Section 2107.10 | Effect of Withholding Will.
Section 2107.11 | Jurisdiction to Probate.
Section 2107.12 | Contest of Jurisdiction.
Section 2107.15 | Witness a Devisee or Legatee.
Section 2107.16 | Will Proved in Certain Cases.
Section 2107.17 | Depositions May Be Taken by Commission.
Section 2107.18 | Admission of Will to Probate.
Section 2107.181 | Interlocutory Orders - Rehearing.
Section 2107.19 | Notice of Admission of Will to Probate.
Section 2107.20 | Filing and Recording of Will - Certified Copy.
Section 2107.21 | Recorded in Each County Where Real Property Is Situated.
Section 2107.22 | Probate of Will of Later Date.
Section 2107.24 | Treatment of Document as Will Notwithstanding Noncompliance With Statute.
Section 2107.26 | Lost, Spoliated, or Destroyed Wills May Be Admitted to Probate.
Section 2107.27 | Notice of Application - Testimony - Probate.
Section 2107.28 | Will Lost, Spoliated, or Destroyed After Admission to Probate.
Section 2107.29 | Record of Will Destroyed.
Section 2107.30 | Original Will May Again Be Admitted to Probate.
Section 2107.31 | Limitations as to Contests.
Section 2107.33 | Revocation of Will.
Section 2107.34 | Afterborn or Pretermitted Heirs.
Section 2107.35 | Encumbrances.
Section 2107.36 | Effect of Alteration of Property.
Section 2107.37 | Subsequent Marriage.
Section 2107.38 | Destruction of a Subsequent Will.
Section 2107.46 | Action by Fiduciary.
Section 2107.47 | Protection of Purchaser Against Will or Later Will.
Section 2107.48 | Foreign Will Cannot Be Contested Here.
Section 2107.49 | Rule in Shelley's Case Abolished.
Section 2107.50 | Property Acquired Subsequent to Will.
Section 2107.501 | Ademption - Exemptions.
Section 2107.51 | When Whole Estate to Pass.
Section 2107.52 | Deceased Devisee; Class Gifts.
Section 2107.521 | Specific References to Powers of Appointment.
Section 2107.53 | Undevised Real Property Applied to Debts.
Section 2107.54 | Contribution - Exception.
Section 2107.55 | Portion of Pretermitted Heir, or of Witness, Subject to Contribution.
Section 2107.56 | Liability in Case of Insolvency.
Section 2107.57 | Contribution Enforced.
Section 2107.58 | Order of Sale to Pay Debts.
Section 2107.59 | Sale of Real Property by Executor's Successor.
Section 2107.61 | Will Ineffectual.
Section 2107.62 | Expenses and Fees.
Section 2107.64 | Trustee Named in Will as Beneficiary.
Section 2107.65 | Conferring Power to Name Executor.
Section 2107.71 | Civil Action to Contest Validity of Will.
Section 2107.72 | Rules of Procedure - Jury Trial.
Section 2107.73 | Parties to Will Contest Action.
Section 2107.75 | Administration Costs of Purported Last Will or Codicil.