LAST WILL AND TESTAMENT OF [FULL LEGAL NAME OF TESTATOR]

Table of Contents

1. Declaration
2. Revocation of Prior Wills
3. Family Identification
4. Nomination of Guardian for Minor Children
5. Specific Bequests
6. Residuary Estate
7. Trust Provisions for Minor Beneficiaries
8. Appointment of Executor
9. Powers of Executor
10. Tax Provisions
11. General Provisions
12. Execution

1. Declaration

I, [FULL LEGAL NAME OF TESTATOR], of [CITY/VILLAGE], [COUNTY] County, Ohio, being of legal age (18 years or older) and of sound mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do hereby declare this instrument to be my Last Will and Testament.

2. Revocation of Prior Wills

I hereby revoke all prior wills and codicils heretofore made by me.

3. Family Identification

I am currently ☐ married to / ☐ single / ☐ divorced / ☐ widowed.

Spouse (if applicable): [FULL LEGAL NAME OF SPOUSE]

I have the following minor children:

4. Nomination of Guardian for Minor Children

Pursuant to ORC § 2111.121, I hereby nominate and appoint the following individual as Guardian of the person(s) of my minor children in the event that I am the sole surviving parent or the other parent is unable or unwilling to serve:

Primary Guardian: [FULL LEGAL NAME], of [CITY], [STATE], relationship: [RELATIONSHIP]

Alternate Guardian: In the event the above-named Primary Guardian is unable or unwilling to serve, I nominate [FULL LEGAL NAME], of [CITY], [STATE], relationship: [RELATIONSHIP], as Alternate Guardian.

I request that no bond be required of any guardian nominated herein.

5. Specific Bequests

I make the following specific bequests:

Bequest 1: I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY], [STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse / ☐ pass to [ALTERNATE BENEFICIARY].

Bequest 2: I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY], [STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse / ☐ pass to [ALTERNATE BENEFICIARY].

Bequest 3: I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY], [STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse / ☐ pass to [ALTERNATE BENEFICIARY].

6. Residuary Estate

I give, devise, and bequeath all the rest, residue, and remainder of my estate, whether real, personal, or mixed, wherever situated, including any lapsed bequests, to:

☐ My spouse, [FULL LEGAL NAME], if my spouse survives me.

☐ If my spouse does not survive me, or if I am unmarried at the time of my death, I direct that the residuary estate be distributed as follows:

• [____]% to [BENEFICIARY NAME]
• [____]% to [BENEFICIARY NAME]
• [____]% to the trust(s) established under Section 7 for my minor children

7. Trust Provisions for Minor Beneficiaries

7.1 Creation of Trust

Any property passing to a minor child under this Will shall be held in a separate trust for the benefit of that child (the "Child's Trust") pursuant to ORC § 5808.19 and related trust provisions until the child reaches the age of [____] years.

7.2 Trustee Appointment

I appoint [TRUSTEE NAME] as Trustee of the Child's Trust(s). If this person is unable or unwilling to serve, I appoint [ALTERNATE TRUSTEE NAME] as Successor Trustee.

7.3 Trustee Powers and Distributions

The Trustee shall have discretion to distribute income and principal for the health, education, maintenance, and support of the beneficiary child. The Trustee may also:
- Invest and reinvest trust assets prudently under the Ohio Prudent Investor Act
- Pay taxes, expenses, and fees from trust assets
- Make distributions directly or to the child's guardian

7.4 UTMA Custodianship Alternative

In lieu of or in addition to any trust created herein, the Executor or Trustee may distribute property to a custodian under the Ohio Uniform Transfers to Minors Act (ORC Chapter 5814), with custodianship terminating at age 21.

7.5 Termination

Each Child's Trust shall terminate when the beneficiary reaches the age specified in Section 7.1, at which time all remaining trust assets shall be distributed outright to the beneficiary.

8. Appointment of Executor

I nominate and appoint [FULL LEGAL NAME] as Executor of this Will.

If the above-named Executor is unable or unwilling to serve, I nominate [ALTERNATE NAME] as Successor Executor.

I request that no bond be required of any Executor named herein, pursuant to ORC §§ 2109.04 and 2109.09.

9. Powers of Executor

My Executor shall have the following powers in addition to those granted by Ohio law:

• To sell, lease, mortgage, or otherwise dispose of any real or personal property
• To invest and reinvest estate assets
• To compromise claims and settle debts
• To employ attorneys, accountants, and other professionals
• To distribute property in kind or in cash
• To continue any business interest of mine
• To make elections for tax purposes as deemed advisable

10. Tax Provisions

All estate, inheritance, and succession taxes imposed by reason of my death shall be paid from the residuary estate as an expense of administration, unless I direct otherwise for specific bequests.

11. General Provisions

Survivorship: A beneficiary must survive me by thirty (30) days to receive any bequest under this Will. If a beneficiary fails to survive me by such period, the bequest shall be treated as if the beneficiary predeceased me.

Severability: If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect.

Governing Law: This Will shall be governed by the laws of the State of Ohio.

No-Contest Clause: If any beneficiary contests this Will or any provision hereof, that beneficiary's share shall be reduced to one dollar ($1.00).

12. Execution

IN WITNESS WHEREOF, I, [FULL LEGAL NAME OF TESTATOR], have signed this, my Last Will and Testament, consisting of [NUMBER] pages, on this [____] day of [__________], 20[____], at [CITY/VILLAGE], [COUNTY] County, Ohio.

Testator Signature: [________________________________]

Printed Name: [________________________________]

Attestation Clause

We, the undersigned, each being competent witnesses, declare that the person who signed this instrument, or asked another to sign on their behalf, did so in our presence, and that we believe this person to be of sound mind and memory. The Testator signed this Will, or acknowledged the Testator's signature already affixed, in our presence, and we, at the Testator's request, in the Testator's presence, and in the presence of each other, subscribe our names as attesting witnesses, pursuant to ORC § 2107.03.

Witness 1:
Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Witness 2:
Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Ohio-Specific Notes

• Surviving Spouse Election: Under ORC Chapter 2106, the surviving spouse may elect to take under the will or under intestacy (ORC § 2105.06). If electing against the will, the spouse generally takes one-half of the net estate (or one-third if two or more children or descendants survive).
• Self-Proving Affidavit: Ohio does NOT have a traditional self-proving affidavit statute. Wills are proved through witness testimony or other admissible evidence in Probate Court.
• Community Property: Ohio is NOT a community property state.
• Holographic Wills: Ohio does NOT recognize holographic wills.
• Omitted Children: ORC § 2107.34 provides protections for pretermitted (after-born or after-adopted) children.
• Mansion House: The surviving spouse is entitled to use of the mansion house (family residence) for one year under ORC § 2106.15.

Sources and References

• Ohio Revised Code: https://codes.ohio.gov
• Ohio Probate Courts: https://www.supremecourt.ohio.gov