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Will Deposit for Safekeeping
An original Last Will and Testament ("Will") may be deposited with the Probate Court for safekeeping, in the county in which the testator is a resident of. The Will can be deposited by the testator (the maker of the Will), or by another individual on behalf of the testator. This can be done before or after the testator's death.
Upon the payment of twenty-five dollars ($25) to the Probate Court, the Judge shall receive, keep, and give a certificate of deposit for the Will. That Will shall be safely kept until delivered or disposed of as provided by section 2107.08 of the Ohio Revised Code.
Every Will that is deposited shall be enclosed in a sealed envelope that shall be indorsed with the name of the testator. The Court shall indorse on the envelope the date of delivery and the person by whom the Will was delivered. The Will shall not be opened or read, and is not a public record until the time that an Application is filed to Probate the Will.
Authorization / Removing the Will from Safekeeping
During the lifetime of a testator, the testator's Will, deposited accordance with Section 2107.07 of the Ohio Revised Code, shall be delivered only to the testator, to person(s) authorized by the testator by a written order, or to a Probate Court for a determination of its validity when the testator so requests.
After the testator's death, the Will shall be delivered to the person named in the indorsement on the envelope of the Will, if there is a person named who demands it.
If no person named in the indorsement demands the will and it is not one that has been declared valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, it shall be publicly opened in the Probate Court within one month after notice of the testator's death and retained in the office of the Probate Judge until offered for Probate.
Frequently Asked Questions
Q: Do I have to record/ deposit my Will with the Probate Court?
A: No, it is not a requirement for a testator to deposit their Will with Probate Court. It is up to the testator to determine how best to keep their Will safe.
Q: How do I find someone's will, if I don't know where it is?
A: If a Will has not been deposited with Probate Court, it may be with the Attorney that prepared the Will, or in a safe place chosen by the testator.