Ohio Revised Code
Chapter 2107 | Wills
Section 2107.16 | Will Proved in Certain Cases.

Effective: March 22, 2019
Latest Legislation: House Bill 595 - 132nd General Assembly
(A) When offered for probate, a will may be admitted to probate and allowed upon such proof as would be satisfactory, and in like manner as if an absent or incompetent witness were dead:
(1) If it appears to the probate court that a witness to such will has gone to parts unknown;
(2) If the witness was competent at the time of attesting its execution and afterward became incompetent;
(3) If testimony of a witness cannot be obtained within a reasonable time.
(B) When offered for probate, a will shall be admitted to probate and allowed when there has been a prior judgment by a court declaring that the will is valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, if the will has not been revoked.

Structure Ohio Revised Code

Ohio Revised Code

Title 21 | Courts-Probate-Juvenile

Chapter 2107 | Wills

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 2107.32 | Notice.

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 2107.60 | Oral Will.

Section 2107.61 | Will Ineffectual.

Section 2107.62 | Expenses and Fees.

Section 2107.63 | Real or Personal Property Devised, Bequeathed or Appointed to Trustee of Existing Trust.

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 2107.74 | Order of Probate Prima-Facie Evidence of Attestation, Execution and Validity of Will.

Section 2107.75 | Administration Costs of Purported Last Will or Codicil.

Section 2107.76 | Will Contest Action - Time Limits.

Section 2107.77 | Later Wills.