Simple Will - Ohio

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(Drafted for use under the laws of the State of Ohio)

TABLE OF CONTENTS

1. Definitions
2. Revocation of Prior Instruments
3. Declaration of Family Status
4. Appointment of Personal Representative (Executor)
5. Specific Bequests
6. Residuary Estate
7. Contingent Disposition
8. Guardianship of Minor Children
9. Administration Provisions
10. Taxes & Debts
11. No-Contest (In-Terrorem) Clause
12. Governing Law; Forum Selection
13. Severability; Miscellaneous
14. Execution & Attestation
15. Witness Attestation; No Self-Proving Affidavit Under Ohio Law

1. DEFINITIONS

For purposes of this Will, the following capitalized terms have the meanings set forth below:

“Child” or “Children” means any biological or legally adopted child of mine, whether now living or hereafter born or adopted.

“Conscious Presence” has the meaning assigned in Ohio Rev. Code Ann. § 2107.03.

“Executor” means the individual(s) nominated in Section 4, or any successor or substitute personal representative appointed in accordance with this Will or order of the Probate Court.

“Estate” means all real and personal property, tangible or intangible, over which I have the power of disposition at my death, wherever located.

“Personal Property” means all tangible personal effects not otherwise specifically devised.

“Probate Court” means the Court of Common Pleas, Probate Division, [COUNTY] County, Ohio.

2. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke all prior wills and codicils made by me. This instrument constitutes my Last Will and Testament.

3. DECLARATION OF FAMILY STATUS

I am [MARRIED/UNMARRIED] to [SPOUSE NAME] (“my Spouse”).
I have the following Children:
• [NAME; DOB]
• [NAME; DOB]

4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

4.1 Nomination. I nominate [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Executor of my Estate. If [he/she/they] is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME] as successor Executor.

4.2 Bond Waiver. No bond or other security shall be required of any Executor, except as the Probate Court may otherwise order.

4.3 Independent Administration. I direct that my Estate be administered independently to the fullest extent permitted by Ohio law.

4.4 Powers. In addition to all powers conferred by law, and pursuant to the power of sale conferred on my Executor by this Will under Ohio Rev. Code Ann. § 2113.39 (which authorizes an executor to sell estate property without prior court order when the will grants that power), my Executor may, without court order:
a. Sell, lease, mortgage, or otherwise dispose of Estate assets;
b. Settle or compromise claims;
c. Make distribution in cash or in kind;
d. Employ and compensate professionals; and
e. Execute all instruments necessary to carry out this Will.

4.5 Executor Indemnity. The Executor shall be indemnified out of the Estate against any liability, loss, or expense incurred in good-faith administration, provided such indemnity shall not exceed the total assets of the Estate.

5. SPECIFIC BEQUESTS

I give the following property, free of all debts (except secured liens) and expenses associated with its transfer:

5.1 Real Property. My real property located at [ADDRESS/LEGAL DESCRIPTION] to [BENEFICIARY NAME] if [he/she/they] survives me.

5.2 Personal Property. My [DESCRIPTION—e.g., jewelry collection] to [BENEFICIARY NAME].

6. RESIDUARY ESTATE

All the rest, residue, and remainder of my Estate (“Residuary Estate”) I give, devise, and bequeath to [PRIMARY RESIDUARY BENEFICIARY]. If [he/she/they] does not survive me, the Residuary Estate shall pass to [CONTINGENT BENEFICIARY OR PER STIRPES TO MY CHILDREN].

7. CONTINGENT DISPOSITION

If no named beneficiary under Sections 5 or 6 survives me, I give my entire Estate to [CHARITY NAME] located at [ADDRESS], to be used for its general charitable purposes.

8. GUARDIANSHIP OF MINOR CHILDREN

I nominate [GUARDIAN NAME] as Guardian of the person and estate of any minor Child of mine who requires a guardian. If [he/she/they] is unwilling or unable to serve, I nominate [ALTERNATE GUARDIAN NAME].

9. ADMINISTRATION PROVISIONS

9.1 Digital Assets. My Executor is authorized to access, manage, and dispose of my digital assets and electronic communications in accordance with applicable federal law and Ohio's Uniform Fiduciary Access to Digital Assets Act, Ohio Rev. Code Ann. Chapter 2137. Pursuant to Ohio Rev. Code Ann. § 2137.03, this direction in my Will controls disclosure of my digital assets to the extent I have not used an online tool with a custodian to make a separate, conflicting direction.

9.2 Spendthrift Protection. Except as otherwise provided by law, no beneficiary shall have the power to anticipate, encumber, or transfer any interest under this Will, and such interests shall not be subject to creditors’ claims.

9.3 Liability Cap. No beneficiary or fiduciary shall be personally liable beyond the assets of the Estate for any obligation arising hereunder.

10. TAXES & DEBTS

10.1 Debts and Expenses. I direct my Executor to pay from my Estate all legally enforceable debts, expenses of last illness, funeral expenses, and costs of administration.

10.2 Taxes. All estate, inheritance, and other death taxes imposed by any jurisdiction with respect to property passing under this Will or otherwise as a result of my death shall be paid from the Residuary Estate without apportionment, unless specifically directed otherwise in this Will.

11. NO-CONTEST (IN-TERROREM) CLAUSE

If any beneficiary (directly or indirectly) contests this Will or any of its provisions, or questions any act of my Executor in good-faith administration, any share or interest given to such beneficiary shall lapse and pass as though that beneficiary predeceased me. The Probate Court shall have exclusive jurisdiction to determine the applicability of this clause and may issue injunctive relief to enforce it.

12. GOVERNING LAW; FORUM SELECTION

This Will shall be governed by, and construed in accordance with, the laws of the State of Ohio without regard to conflict-of-laws principles. Exclusive jurisdiction for all matters relating to this Will shall lie with the Probate Court.

No provision of this Will requires arbitration. This Will does not waive the jury-trial right that Ohio Rev. Code Ann. § 2107.72 gives each party to a will-contest action.

13. SEVERABILITY; MISCELLANEOUS

13.1 Severability. If any provision of this Will is determined to be invalid or unenforceable, such determination shall not affect the remaining provisions, which shall remain in full force and effect.

13.2 Headings. Section headings are for convenience only and shall not affect interpretation.

13.3 Gender and Number. Words of any gender shall be deemed to include any other gender; words in the singular shall include the plural and vice versa where appropriate.

13.4 Counterparts & Electronic Signatures. This Will may be executed in counterparts, each deemed an original. An electronic signature shall have the same force and effect as a manual signature to the extent permitted by Ohio law.

14. EXECUTION & ATTESTATION

I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on this ___ day of [MONTH], [YEAR], at [CITY], Ohio. I hereby declare that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly and as a free and voluntary act, and that I am of sound mind and under no constraint or undue influence.

______________________________
[TESTATOR NAME], Testator

We, the undersigned witnesses, certify that the Testator declared to us that this instrument is [his/her/their] Last Will and Testament and that the Testator signed it (or directed another to sign on [his/her/their] behalf) in our Conscious Presence. We affirm that we are each at least eighteen (18) years of age, not named as beneficiaries herein, and competent to act as witnesses.

Witness #1:
______________________________
Name: [PRINT NAME]
Address: [ADDRESS]

Witness #2:
______________________________
Name: [PRINT NAME]
Address: [ADDRESS]

15. WITNESS ATTESTATION; NO SELF-PROVING AFFIDAVIT UNDER OHIO LAW

15.1 No Self-Proving Affidavit Available. Ohio law does not provide a procedure by which witnesses may, at the time of execution, sign a sworn affidavit that makes this Will "self-proving" and thereby dispenses with proof of due execution, as is available under the law of many other states. No such affidavit is attached to, or required for, this Will.

15.2 Proof of This Will at Probate. Under Ohio Rev. Code Ann. § 2107.18, the Probate Court will ordinarily admit this Will to probate on the face of the instrument, without requiring the live testimony of the attesting witnesses, unless the court in its discretion requires that testimony. If a witness has become unavailable, incompetent, or cannot be located within a reasonable time, Ohio Rev. Code Ann. § 2107.16 permits the Probate Court to admit this Will to probate upon other satisfactory proof. If this Will was not executed in strict compliance with Ohio Rev. Code Ann. § 2107.03, Ohio Rev. Code Ann. § 2107.24 permits the Probate Court, after a hearing, to treat this Will as validly executed upon clear and convincing evidence of the testator's intent and the circumstances of signing, but that procedure is not a substitute for proper execution and should not be relied upon in place of it.

15.3 Optional Ante-Mortem Validation. A testator who wishes to obtain certainty as to this Will's validity during life — in lieu of the self-proving affidavit unavailable under Ohio law — may file a complaint with the Probate Court under Ohio Rev. Code Ann. Chapter 5817 (§§ 5817.01-5817.14) to have this Will declared valid before death, subject only to later revocation or modification.