Effective: March 22, 2019
Latest Legislation: House Bill 595 - 132nd General Assembly
(A) A person interested in a will or codicil admitted to probate in the probate court that has not been declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code may contest its validity by filing a complaint in the probate court in the county in which the will or codicil was admitted to probate.
(B) Except as otherwise provided in this division, no person may contest the validity of any will or codicil as to facts decided if it was submitted to a probate court by the testator during the testator's lifetime and declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code. A person may contest the validity of that will or codicil as to those facts if the person is one who should have been named a party defendant in the action in which the will or codicil was declared valid, pursuant to division (A) of section 5817.05 of the Revised Code, and if the person was not named a defendant and properly served in that action. Upon the filing of a complaint contesting the validity of a will or codicil that is authorized by this division, the court shall proceed with the action.
(C) No person may introduce, as evidence in an action authorized by this section contesting the validity of a will, the fact that the testator of the will did not file a complaint for a judgment declaring its validity under Chapter 5817. of the Revised Code.
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.