Effective: January 13, 2012
Latest Legislation: Senate Bill 124 - 129th General Assembly
When a witness to a will, or other witness competent to testify at a probate or declaratory judgment proceeding, resides out of its jurisdiction, or resides within it but is infirm and unable to attend court, the probate court may issue a commission with the will annexed directed to any suitable person. In lieu of the original will, the probate court, in its discretion, may annex to the commission a photocopy of the will or a copy of the will made by any similar process. The person to whom the commission is directed shall take the deposition or authorize the taking of the deposition of the witness as provided by the Rules of Civil Procedure. The testimony, certified and returned, shall be admissible and have the same effect in the proceedings as if taken in open court.
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.