Can an Out-of-State Will Be Used in Ohio?

It’s common for people to relocate, retire, or purchase property across state lines, but their estate plans don’t always follow. Many Ohio families are surprised to learn that a loved one’s will was signed somewhere else. If you’re handling an Ohio estate, you may be wondering if an out-of-state will can be used in Ohio. While Ohio courts recognize certain out-of-state wills, the process is not automatic. Knowing those rules early can prevent costly probate mistakes.

Can an Out of State Will Be Used in Ohio?

It is up to Ohio’s probate court to decide whether it will admit an out-of-state will or an authenticated copy of a will. Under Ohio Revised Code § 2129.05, the probate court has the authority to accept properly executed wills from other jurisdictions. The will must be recorded where the deceased person owned property.

Requirements for Admitting a Will in Ohio

For an out-of-state will to be admitted into Ohio probate, it must meet certain requirements. It must be a will that is valid in the state where it was created. Each state has its own requirements for what makes a valid will. Common requirements include being at least 18 years old, of sound mind, in writing, signed, and signed by a witness(es). An authenticated copy must be accompanied by proof that it was executed and admitted to the original probate court. Once the authenticated copy is presented, the Ohio probate court must admit it to the record. Once recorded, the out-of-state will has the same effect as if it were originally made and admitted in Ohio.

What Is an Authenticated Copy of a Will?

An authenticated copy of a will is more than a photocopy. It is an official copy issued by the probate court in the state where the will was originally admitted. The copy is certified by the court clerk and typically includes the court’s probate order confirming that the will was validly executed and accepted in that jurisdiction. Ohio probate courts rely on this certification to confirm that the will has already passed legal scrutiny elsewhere. Without proper authentication, the court may refuse to admit the will, even if it appears valid on its face. Obtaining the correct documentation early can help prevent delays in opening or completing probate in Ohio.

How Ohio Treats Challenges to Out-of-State Wills

Generally, you cannot contest an out-of-state will in Ohio after it was deemed valid and executed in another state. In contrast, if the will is challenged and proved invalid in another jurisdiction, it will also be treated as invalid in the Ohio probate.

Practical Scenarios Where Out-of-State Wills Arise

One of the most common reasons an out-of-state will is used in the Ohio probate court is because the individual moved to Ohio. They had a valid will while living in another state. When they passed away in Ohio, their original will was submitted to the probate court. Generally, that will is recognized if it was properly executed and proven in accordance with the laws where it was drafted. Another common situation is when someone who lives out of state owns personal property or real estate in Ohio. Their out-of-state will gets submitted to Ohio probate to determine how that property gets handled after the owner’s death.

Ensure Your Out-of-State Will is Valid in Ohio

If you have an out-of-state will and want to feel confident that it will be accepted in Ohio, there are a few steps you can take. First, verify that you have properly executed it under your current law. You could meet with a local estate planning attorney to confirm this. It is also possible to request an authenticated copy of the will from the original probate court. This is an official copy of the will supplied by the probate court. The court certifies the will’s authenticity. Despite a will being accepted in Ohio, there are still risks. The best approach is to speak with an estate planning attorney in Ohio. Prepare a will in Ohio that can address your unique circumstances while ensuring your will complies with Ohio laws.

Talk With an Ohio Estate Planning Lawyer

As families become more mobile, out-of-state wills are appearing more often in Ohio probate courts. While Ohio law allows these wills to be admitted, mistakes in execution or authentication can create serious obstacles. Gudorf Law Group, LLC provides estate planning and probate guidance to clients throughout Ohio, including those dealing with wills executed in other states. Their experience allows them to identify issues early and recommend practical solutions. If you are concerned about the validity of a will or need help with Ohio probate, contact the firm today to discuss your next steps.