How to Make a Will in Ohio

If you're a resident of Ohio and thinking about making a will, you should understand what a will is and how to create one. A last will and testament (more commonly known as a will) can help protect your family and your property.

A will can be used to:

• leave your property to people (or organizations)
• name a trusted person to manage property left to minor children
• name a personal guardian to care for your minor children, and
• name an executor, the person entrusted with carrying out the terms of your will.

Below you'll find an overview of what a will can do for you, what Ohio laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Ohio

Here's a quick checklist for making a will in Ohio:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Ohio, if you die without a will, your property will be distributed according to state "intestacy" laws. Ohio's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Ohio?

Yes. You can make your own will in Ohio, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Ohio

To make a will in Ohio, you must be:

• an individual 18 years of age or older,
• of sound mind and memory, and
• not under restraint (in other words, acting freely).

(Ohio Rev. Code § 2107.02 (2025).)

In most cases, you must make your will on actual paper. That is, it must be on actual paper. It can't be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.)

Ohio does permit an oral will (for personal property only) that you make during your last sickness, as long as:

• someone witnesses your words
• the will is put in writing within 10 days after you speak it
• two disinterested witnesses sign it, and
• your will is probated within three months after your death.

(Ohio Rev. Code § 2107.60 (2025).)

Ohio does permit handwritten wills, but they must be witnessed (see below). (Ohio Rev. Code § 2107.03 (2025).)

How to Sign and Execute My Ohio Will

To finalize your will in Ohio:

• you must sign the end of your will (or have someone sign it by a person in your presence and at your direction)
• you must sign (or acknowledge your signature on the will) in front of two witnesses, and
• your witnesses must sign your will in front of you.

(Ohio Rev. Code § 2107.03 (2025).)

Your witnesses should be disinterested, meaning that they don't stand to inherit anything from your will. Otherwise, they can lose any gift you leave them. (Ohio Rev. Code § 2107.15 (2025).)

Do I Need to Have My Will Notarized?

No, in Ohio, you don't need to notarize your will to make it legal. In many states, you and your witnesses can sign a notarized statement that makes your will "self-proving." However, Ohio doesn't give you this option. Therefore, if your witnesses are available after your death, they could be called to testify about you signing or acknowledging your will.

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal.

Should I Choose and Appoint an Executor in My Will?

Yes. In Ohio, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Ohio?

In Ohio, you may revoke or change your will at any time. You can revoke your will by:

• tearing, canceling, obliterating, or destroying your will with the intent to revoke it
• ordering someone else to tear, cancel, obliterate, or destroy your will in front of you with the intent to revoke it
• having someone else tear, cancel, obliterate, or destroy your will according to your written instructions
• making a new will that revokes the old one, or
• making another writing that says it revokes the old will and follows the same formalities you used to make your original will (see above).

(Ohio Rev. Code § 2107.33 (2025).)

If you and your spouse divorce, a court determines that your marriage isn't legal, or you separate from your spouse and enter into a separation agreement with them, Ohio law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule doesn't apply if you happen to remarry your spouse or specifically state in your will that divorce won't affect the provisions in your will. (Ohio Rev. Code § 2107.33 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Ohio's laws about making wills here: Ohio Revised Code, Title 21 Probate – Juvenile, Chapter 2107 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Ohio wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Ohio, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Ohio?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Ohio, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the probate court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Ohio does allow will makers to deposit their wills with the probate court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. (Ohio Rev. Code § 2107.07 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Ohio doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.