Make a Ohio Last Will and Testament

Ohio State Last Will and Testament Laws

Definition of Will - ORC 2107.01(A)

Laws - Chapter 2107: Wills

Witnesses - According to ORC 2107.03, the Will must be signed by two (2) witnesses in the presence of the Testator.

A Sample Ohio Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Enter your city and county of residence.

Step 3 - Select your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not single, enter the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or who has a disability of some kind, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Enter the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter the age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate when you die. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, the probate court will choose one. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets when you die. If your assets are in a trust, provide the following information for the Trustee as well as for an alternate:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, provide the following information to appoint a guardian as well as an alternate guardian and a conservator for your children:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each beneficiary:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Remember that your two witnesses must sign the will when you sign the will.

Why do you need an Ohio last will and testament form?

In the State of Ohio, having a legal last will and testament in place is an important step when it comes to estate planning. A valid will is a legal document that allows you to outline any wishes you have for any property, assets, bank accounts, guardianship, or set up ongoing care for your pets after your death. With a will, you can name an executor who will be responsible for carrying out these wishes.

The benefits of having a will

Although an Ohio last will and testament is not legally required, there are many benefits to having one in place.

• A will allows you to name an Executor, a person who will be responsible for carrying out any wishes you have outlined in your will.
• You can specifically outline what should happen to any and all of your assets upon your death. Things that can be included are digital property, real estate, cars, jewelry, and anything else you own that is of value.
• A will also allows you to outline guardianship wishes for any minors or dependents in your care.
• In Ohio, you can also include a pet trust.
• Your will can include charitable donations.
• Ohio also offers relief from the administrative duties for estates valued at less than $100,000 that will go entirely to the surviving spouse or estates worth less than $35,000 that will be inherited by someone else.

The costs of not having a will

Without a will in place, intestacy laws will become enacted. This means that the Ohio probate courts will decide what happens to your estate. Without an Ohio will in place, a surviving spouse will inherit 100% of the deceased’s estate. If there are children shared with the surviving spouse, this stands. If there are both a surviving spouse and surviving children from a different relationship, the spouse will inherit the first $20,000 of the estate plus half of the balance, the rest to be split among the surviving children. If there are no surviving spouse or children, the deceased’s parents are entitled to the estate. Without a spouse, children, or parents, the courts will find the next closest relative to inherit the estate. If no relatives are located, the State of Ohio becomes the beneficiary of the estate.