In the event that an Ohio resident dies without drafting an Ohio will, the laws of the state (laws of intestacy) says that the surviving spouse is poised to inherit the individual ‘s estate save for when the surviving spouse also has descendants who may also share some of the properties according to a predetermined formula.
To explicitly dictate who takes what, residents of the state must write a last will and testament Ohio to state their preferences with regards to how their properties should be shared among a select number of people or groups. In this article, you will learn a lot more about Ohio wills and how to make a will in Ohio. You will find numerous templates CocoSign's library offers.
What Is an Ohio Last Will And Testament?
An last will and testament also known as a standard will is a written record of an individual’s wishes (testator) as to how their assets should be distributed amongst a number of people (designated beneficiaries) in the state of Ohio.
The person named by the testator to execute the contents of the will according to the instructions provided is known as an executor. In some cases, there is an alternate executor who stands in for the initial representative if he or she becomes unavailable. This executor is obligated by law to ensure that the exact instructions of the testator are followed to the latter.
All the law requirements about writing and filing an Ohio will form are contained in Chapter 2107 of Ohio codes
Protect your assets and the future of your family with the Ohio last will and testament template.
With our free downloadable template, declaring your will in Ohio is a lot easier. The template allows you to appoint an executive(s) to look after your assets following state law.
What Should Be Covered In a Ohio Last Will and Testament?
An Ohio will form should contain the following details:
- Name and contact information of the testator
- Named executor
- Appointed guardian for minor children
- Beneficiaries and information concerning them according to the instructions contained in the Ohio will form
- Signatures of testator and all witnesses
Benefits and Limitations of an Ohio Last Will and Testament
The benefits of an Ohio last will and testament include:
- It can be used to create a trust for any person
- Can be used to name a legal guardian for minor children
- Can be used to create a pet trust
- A testator might use a last will and testament in Ohio to create a special needs trust for one of his or her loved ones with special needs
- The testator can also create a dynasty trust for his or her business using a will. This trust ensures that the family of the testator keep the testator’s business
- Allows the testator to make charitable gifts to different organizations.
Not all properties owned by an Ohio resident can be distributed to their designated beneficiaries using a will. The exceptions include:
- Life insurance proceeds
- Joint tenancy
- Retirement plan proceeds
- Property included in a living trust
Protect your assets and the future of your family with the Ohio last will and testament template.
With our free downloadable template, declaring your will in Ohio is a lot easier. The template allows you to appoint an executive(s) to look after your assets following state law.
How to Write a Last Will and Testament in Ohio?
The basic requirements needed to be fulfilled for writing an Ohio last will and testament include:
- The testator must be at least 18 years of age.
- The will must be in writing. But, oral wills are also recognized in Ohio.
- Name of the beneficiaries
- Contain signature of testator or a representative directed by the testator to represent himself/herself.
- The testator must be of sound mind and not under any form of restraint
- The Ohio will form must be signed by at least two witnesses.
You can write a last will and execute under the provisions of the law in these few, simple steps:
- Download free legal forms Ohio from a simple to use platform like CocoSign or pick one from a court office nearby.
- Claim ownership of the document by entering your name and filling in other details like city and county.
- Then, name an executor and list his or her city, county and state
- List the beneficiaries, their physical addresses, four digits of their SSN and highlight their relationship with you
- Review all other titled areas like Gender, Assignment, Omission, Bond and Guardian Ad Litem Not Required
- The testator and witnesses are required to sign and date their signatures
- After completing the documents and having all required signatures appended, the will should be acknowledged by a notary public.
Visit CocoSign today and download any of its free printable Ohio legal forms to list your beneficiaries and execute under the provisions of the law.
DOCUMENT PREVIEW
Ohio Last Will and Testamentof
___________________________________
Pursuant to Chapter 2107 (Wills)
I, ________________________, resident in the City of ____________________, County of ____________________, State of Ohio being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me.
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EXPENSES & TAXES
I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.
I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.
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PERSONAL REPRESENTATIVE
I nominate and appoint ________________________, of ___________________________, County of ________________________, State of ______________________________ as Personal Representative of my estate and I request that (he/she) be appointed temporary Personal Representative if (he/she) applies. If my Personal Representative fails or ceases to so serve, then I nominate _____________________________of __________________________, County of ____________________________, State of ______________________ to serve.
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DISPOSITION OF PROPERTY
I devise and bequeath my property, both real and personal and wherever situated, as follows:
1st Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
2nd Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
3rd Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
If any of my beneficiaries have pre-deceased me, then any property that they would have received if they had not pre-deceased me shall be distributed in equal shares to the remaining beneficiaries.
If any of my property cannot be readily sold and distributed, then it may be donated to any charitable organization or organizations of my Personal Representative’s choice. If any property cannot be readily sold or donated, my Personal Representative may, without liability, dispose of such property as my Personal Representative may deem appropriate. I authorize my Personal Representative to pay as an administration expense of my estate the expense of selling, advertising for sale, packing, shipping, insuring and delivering such property.
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OMISSION
Except to the extent that I have included them in this Will, I have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.
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BOND
No bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will, or if a bond is required by law, then no surety will be required on such bond.
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DISCRETIONARY POWERS OF PERSONAL REPRESENTATIVE
My Personal Representative, shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:
A. To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative and regardless of the extent of diversification of the assets held hereunder.
B. To sell and to grant options to purchase all or any part of my estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as my Personal Representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.
C. To lease any real estate for terms and conditions as my Personal Representative deems advisable, including the granting of options to renew, options to extend the term or terms, and options to purchase.
D. To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted in favor of or against me, my estate or my Personal Representative.
E. To make any separation into shares in whole or in part in kind and at values determined by my Personal Representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.
F. To make such elections under the tax laws as my Personal Representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.
G. To make any elections permitted under any pension, profit sharing, employee stock ownership or other benefit plan.
H. To employ others in connection with the administration of my estate, including legal counsel, investment advisors, brokers, accountants and agents and to pay reasonable compensation in addition to my Personal Representative’s compensation.
I. To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.
J. To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. My Personal Representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to my Personal Representative or trustee shall be held to see to the application of such property.
K. My Personal Representative shall also in his or her absolute discretion determine the allocation of any GST exemption available to me at my death to property passing under this Will or otherwise. The determination of my Personal Representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.
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CONTESTING BENEFICIARY
If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.
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GUARDIAN AD LITEM NOT REQUIRED
I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.
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GENDER
Whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.
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ASSIGNMENT
The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.
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GOVERNING LAW
This document shall be governed by the laws in the State of Ohio.
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BINDING ARRANGEMENT
Any decision by my Personal Representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to my Executor’s own willful default or gross negligence, no Executor shall be liable for said Executor’s acts or omissions or those of any co‑Executor or prior Executor.
I, the undersigned ________________________, do hereby declare that I sign and execute this instrument as my last Will, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, on this ____ day of ________________, 20____.
________________________________ ___________________________________
Testator Signature Testator (Printed Name)
The foregoing instrument, was on this ____ day of ________________, 20____, subscribed on each page and at the end thereof by ________________________, the above-named Testator, and by (him/her) signed, sealed, published and declared to be (his/her) LAST WILL AND TESTAMENT, in the presence of us and each of us, who thereupon, at (his/her) request, in (his/her) presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.
________________________________ ___________________________________
Witness Signature Address
________________________________ ___________________________________
Witness Signature Address
TESTAMENTARY AFFIDAVIT
STATE OF ____________________
COUNTY OF __________________, SS.
Before me, the undersigned authority, on this day personally appeared ___________, testator, ____________________, witness and ___________________, witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator’s last will and that the testator has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.
______________________________ ______________________________
Testator Signature Witness Signature
______________________________ Witness Signature
Subscribed and sworn to before me by the said testator and the said witnesses, this
____ day of ________________, 20____.
________________________________
Notary Public
My Commission expires:
