Court Safekeeping of Original Wills in Ohio
At a glance
| Statutory safekeeping route | Voluntary deposit before or after death (§ 2107.07). |
|---|---|
| Who may deposit | Testator or another person for testator (§ 2107.07). |
| Proper court or clerk | Probate judge’s office in county where testator lives (§ 2107.07). |
| Envelope and filing record | Sealed 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 death | Sealed; not public until probate application, subject to § 2107.08 (§ 2107.07). |
| Retrieval before death | Testator, written-order designee, or court for requested validity review (§ 2107.08). |
| Notice after death | Notice of death starts one-month fallback opening if no endorsed person demands will (§ 2107.08). |
| Opening and release after death | Endorsed 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.
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