Effective: October 14, 1983
Latest Legislation: Senate Bill 115 - 115th General Assembly
If it appears that the instrument purporting to be a will is not entitled to admission to probate, the court shall enter an interlocutory order denying probate of the instrument, and shall continue the matter for further hearing. The court shall order that not less than ten days' notice of the further hearing be given by the applicant, the executor named in the instrument, the persons holding a power to nominate an executor as described in section 2107.65 of the Revised Code, or a commissioner appointed by the court, to all persons named in the instrument as legatees, devisees, beneficiaries of a trust, trustees, executors, or persons holding a power to nominate an executor, coexecutor, successor executor, or successor coexecutor as described in section 2107.65 of the Revised Code. Upon further hearing, witnesses may be called, subpoenaed, examined, and cross-examined in open court or by deposition, and their testimony reduced to writing and filed in the same manner as in hearings for the admission of wills to probate. Thereupon, the court shall revoke its interlocutory order denying probate to the instrument, and admit it to probate, or enter a final order refusing to probate it. A final order refusing to probate the instrument may be reviewed on appeal.
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.