Full question:
I am a student and writing up an article on Ohio wills. I have a doubt- Can there be proceeding in Ohio to contest a will that was executed and proved according to the law of another state.
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Ohio
Answer:
No, an Ohio court cannot hear a will content if the will at issue was made and proved under the current laws of another state. However, that will can be contested in that state, and the judgment will be honored by an Ohio court.The relevant statutory provision in this regard is ORC Ann. 2107.48. It states:
“There shall be no proceeding in this state to contest a will executed and proved according to the law of another state or of a foreign country, relative to property in this state; but if such will is set aside in the state or country in which it is executed and proved, it shall be invalid in this state as to persons claiming under it who have notice of its being set aside, and invalid as to all other persons from the time an authenticated copy of the final order or decree setting it aside is filed in the office of the probate judge of the court in which the will is recorded.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
