Can I Contest a Will in Ohio?

By Beverly Bird

In most states, you can challenge, or contest, a will if you have “standing,” meaning a financial stake in the will, and “grounds,” meaning a reason supported by law. In Ohio, however, the rules are a little more complicated, depending on who filed the will with the court. If you feel that you have reason to challenge a will entered for probate in Ohio, consult with an attorney to make sure you meet all the requirements for filing a contest.

Qualified Persons

You must have some financial interest in the estate of the deceased to file a will contest in Ohio, such as a direct heir who would have received something if the deceased had passed away without a will, but was not mentioned in the will. Another example is if the deceased was your parent and all his other children received a certain portion of the estate, but your share was significantly less.

Time Limits

Once a will is accepted into probate in Ohio, you have only three months to contest it. The only exception is if you suffered a disability during this time period and the disability prevented you from acting. Then you have three more months to contest the will after you regain your ability to do so.

Protect your loved ones. Start My Estate Plan

Grounds

You can contest a will in Ohio if the testator was not of sound mind when she made it, if there was some procedural error in creating it or if the testator succumbed to outside influence from another beneficiary. You may also have grounds if you can prove that the will is a fake or a forgery, or that the will submitted to probate was revoked.

Procedure

To contest a will in Ohio, you must file a civil action lawsuit with the probate court in the county where the will is being probated. You must notify all other interested parties of the proceeding, including all beneficiaries and heirs, the executor and Ohio’s attorney general. You have the right to demand a jury trial, but so do the other interested parties. The court will presume the will is valid and fair, so as the person contesting it, you have the burden of proof to convince the court that it is not. You may call and question any witnesses who can support your case.

Restrictions

Ohio allows a testator, the person who wrote the will, to submit it to the court herself before her death. If this is the case, then you cannot contest the will on grounds of its procedural validity because the court has already accepted it as valid. It can only be contested if you feel that you were unfairly left out of the will or bequeathed a less than proportionate share. The exception is if the testator ever removed the will from the court’s possession for some reason, then resubmitted it.

Protect your loved ones. Start My Estate Plan
How to Contest a Last Will & Testament in Arizona

References

Related articles

Advice on Contesting Wills

A will contest or a will challenge is a court case brought to dispute the validity of a will, according to FindLaw. In most cases, a will contest is filed with the probate court, and the executor of the estate is responsible for defending the will's validity. It may be wise to hire an attorney for a will contest. He will know your state's laws regarding will challenges, and may increase your chances of success.

Ways to Contest a Will in Alabama

Alabama courts seek to ensure that a person's estate is distributed according to his wishes. If the will does not reflect the decedent's wishes for any reason, such as cases where the decedent did not have the mental capacity to write his will, an interested person may challenge the will in either probate court or circuit court.

Contesting a Will in the State of Maryland

When a family member overlooks you in his will or snubs you by leaving you a negligible gift, you can't ask him why, but you may have recourse. You can contest or challenge the will, but the process isn't always without risk. The Orphans' Court oversees probate and will contests in Maryland, where will contests are called "caveat proceedings."

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Can Wills Be Contested?

Wills can be contested, but the process is subject to complex laws that vary from state to state. If you believe you ...

How to Contest a Will in Missouri

Your will leaves instructions for your loved ones regarding how you want your property distributed, and your loved ones ...

Law on Contesting Will Time Limit in California

You can contest a will in California, but you must petition the probate court as soon as possible. California permits ...

Who Can Contest a Will?

Although estate laws vary somewhat from state to state, they all have some criteria in their legislation that must be ...

Browse by category
Ready to Begin? GET STARTED