Court Safekeeping of Original Wills in Ohio

Short answer Yes. Ohio § 2107.07 lets a testator or someone acting for the testator deposit a sealed will with the probate judge in the county where the testator lives, before or after death. The court takes a $25 fee and issues a deposit certificate; § 2107.08 limits lifetime delivery and sets out delivery or opening after death.
State
Ohio
Statute checked
October 5, 2026
Sources
6 statutes

At a glance

Statutory safekeeping routeVoluntary deposit before or after death (§ 2107.07).
Who may depositTestator or another person for testator (§ 2107.07).
Proper court or clerkProbate judge’s office in county where testator lives (§ 2107.07).
Envelope and filing recordSealed envelope bearing testator name; judge marks date and deliverer (§ 2107.07).
Fee and receipt$25 to court; judge gives certificate of deposit (§ 2107.07).
Custody before deathSealed; not public until probate application, subject to § 2107.08 (§ 2107.07).
Retrieval before deathTestator, written-order designee, or court for requested validity review (§ 2107.08).
Notice after deathNotice of death starts one-month fallback opening if no endorsed person demands will (§ 2107.08).
Opening and release after deathEndorsed person on demand; otherwise court opens, retains, and notifies interested persons (§ 2107.08).

Requirements one by one

Who may deposit and where

§ 2107.07 permits the testator or someone acting for the testator to deposit the will before or after death in the office of the probate judge for the county where the testator lives. A deposit made after death need not accompany a probate application. The judge receives the will after payment of $25 and issues a certificate of deposit.

Envelope and lifetime custody

Under § 2107.07, the will goes in a sealed envelope endorsed with the testator’s name. The judge adds the delivery date and the name of the person who delivered it; the envelope may also name a recipient after death. Subject to § 2107.08, the deposited will stays outside the public record until an application to probate it is filed.

Retrieval and release

During life, § 2107.08 permits delivery only to the testator, a person the testator authorizes by written order, or a probate court considering validity at the testator’s request. After death, a person endorsed on the envelope may demand delivery. If no endorsed person demands it and no prior validity judgment controls, the court opens it publicly within one month after notice of death and keeps it until probate is sought. A court without probate jurisdiction sends it to the person entitled to custody for presentation in the proper court; a court with jurisdiction gives the statutory notices.

What trips people up

Depositing a will under § 2107.07 provides custody, not admission to probate. The section also permits the judge to dispose of an unclaimed will after 100 years, but requires retaining an electronic copy first.

Common questions

Can someone other than the testator reclaim the will during life? Yes, but § 2107.08 requires the testator’s written order; a court may receive it for a validity determination requested by the testator.

Who hears about a will opened after death? If the opening judge has jurisdiction, § 2107.08 calls for immediate notice to the named executor or persons holding a nomination power, or to other immediately interested persons if neither exists.

Statutes and sources

  • Ohio Rev. Code §§ 2107.07–.08. Verbatim current text, section URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Ohio Rev. Code § 2107.07 · accessed 2026-10-05
Ohio Rev. Code § 2107.07 · accessed 2026-10-05
Ohio Rev. Code § 2107.07 · accessed 2026-10-05
Ohio Rev. Code § 2107.08 · accessed 2026-10-05
Ohio Rev. Code § 2107.08 · accessed 2026-10-05
Ohio Rev. Code § 2107.08 · accessed 2026-10-05
This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court’s authorized procedure before acting.

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