A handwritten will is lawful in a majority of states, including Ohio. However, the will must still undergo many formalities to be valid. Should you need to probate the will out-of-state, a minority of states will not accept a handwritten will. Sometimes referred to as a holographic will, a handwritten will must follow certain best practices, even in Ohio where a handwritten will is allowed, such as having the will typewritten and then executed with the required formalities.
Here are the top must-dos for a handwritten will to be considered valid:
Signature Required
As with typewritten wills, a handwritten will must be signed by the person making the will (the “testator”) or by some other person in the testator’s conscious presence and at the testator’s express direction. Yes, a will can be signed by someone else and still be valid.
Need legal help drafting a will or planning succession? Check out our Probate and Estate Planning practice area or book a time to speak with a representative in order to schedule a complimentary consultation with a Probate and Estate Attorney.
Two Witnesses
There also must be two competent witnesses above the age of 18, so either the will signature or the testator’s acknowledgment of the testator’s signature. The witnesses don’t actually have to witness the signing for the witness requirement to be valid. The testator simply has to tell him that the testator did, in fact, sign the will and show them the signature.
Deposited Correctly
Like a typewritten will, handwritten wills may be deposited in the office of the judge of the probate court in the county in which the testator lives. This can be done before or after the death of the testator, and with or without applying for a probate of the will.
A Cautionary Note
While a handwritten will may be valid, that doesn’t necessarily mean the court will allow the will to be considered as a matter of jurisdiction. Just because it’s handwritten, that doesn’t mean that you can avoid the normal rules of a court’s jurisdiction.
Get peace of mind about your estate planning needs. Call (216) 573-6000 or fill out our contact form.
When a Will is Admitted to Probate:
Here are the stipulations for when a will is admitted to probate:
(1) In the county in the state in which the testator was domiciled at the time of the testator’s death;
(2) In any county of the state where any real property or personal property of the testator is located if, at the time of the testator’s death, the testator was not domiciled in this state, and provided that the will has not previously been admitted to probate in this state or in the state of the testator’s domicile;
(3) In the county of the state in which a probate court rendered a judgment declaring that the will was valid and in which the will was filed with the probate court. State ex rel. Lee v. Trumbull Cty. Probate Court, 83 Ohio St.3d 369, 372, 700 N.E.2d 4 (1998) (R.C. 2107.11 “addresses the jurisdiction of probate courts to probate a will”).
So, yes, you can still have a handwritten will in the State of Ohio, it just has to comply with all of the other formalities of will execution. Recall best practices, though, in making the will. If you don’t have to have a handwritten will, don’t do it.
Connie Powall, Esq. is a partner at Gertsburg Licata. She can be reached at [email protected] or by phone at (216) 573-6000.
Gertsburg Licata is a national, full-service business law and strategic advisory firm offering a full range of legal services. Call 216-573-6000 or contact us here.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction.
