Contesting a will in Ohio allows individuals to challenge the validity of a will if they believe it does not reflect the deceased’s true intentions. The process requires specific steps and valid legal grounds. Understanding these steps helps you navigate the process effectively.
Determine your standing
To contest a will in Ohio, you must have legal standing. This typically includes heirs, beneficiaries named in a prior will, or individuals who would inherit under Ohio’s intestacy laws if no valid will existed.
Identify valid grounds for contesting the will
Ohio allows will contests based on specific legal grounds. Common reasons include lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. For example, you might argue the deceased lacked the mental ability to understand the decisions they made or that someone manipulated them into creating the will.
File the complaint
To contest a will, you must file a complaint in the probate court that oversees the estate. Ohio law requires you to file within three months of receiving notice of the will’s probate. Missing this deadline could prevent you from challenging the will.
Gather evidence
Collect evidence to support your claim, such as medical records, witness statements, financial documents, or prior versions of the will. Strong evidence strengthens your case and helps demonstrate why the will should be invalidated.
Attend hearings and present your case
The probate court schedules hearings to review the evidence and arguments from all parties involved. During these hearings, you present your case and provide evidence to support your claim. The court evaluates the evidence to decide whether the will is valid.
Outcome of the contest
If the court finds the will invalid, it may reinstate a prior will or distribute the estate according to Ohio’s intestacy laws. If the court upholds the will, the estate is distributed as outlined in the contested document.
Contesting a will in Ohio requires understanding the process, gathering strong evidence, and acting within the required time frame. Taking these steps ensures your concerns receive proper consideration in probate court.
