Free Ohio Last Will and Testament
Build a complete Ohio will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Ohio's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Ohio will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Ohio notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Ohio does not use a self-proving affidavit, so your witnesses may need to testify to validate the Will in probate. Keep a record of who they are.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Ohio: Ohio has NO self-proving affidavit statute (one of only two jurisdictions, with DC, that lacks one). To execute a valid Ohio will: the testator (18+, sound mind, not under restraint) signs the typed or handwritten will at the end, and two or more competent witnesses (each 18+) who saw the testator sign or heard the testator acknowledge the signature then sign in the testator's conscious presence. Because there is no self-proving affidavit, the will is proved at probate under ORC 2107.18 from the face of the will or, if the probate court requires in its discretion, by the testimony of the attesting witnesses. Best practice is to keep the witnesses available/locatable. Notarization is NOT required and does NOT substitute for or self-prove the will.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Ohio, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
Ohio does not give legal effect to a separate personal-property memorandum, so any specific items must be listed in this Will itself to be binding.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Ohio.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Ohio.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
How to Sign Your Will in Ohio
Ohio has NO self-proving affidavit statute (one of only two jurisdictions, with DC, that lacks one). To execute a valid Ohio will: the testator (18+, sound mind, not under restraint) signs the typed or handwritten will at the end, and two or more competent witnesses (each 18+) who saw the testator sign or heard the testator acknowledge the signature then sign in the testator's conscious presence. Because there is no self-proving affidavit, the will is proved at probate under ORC 2107.18 from the face of the will or, if the probate court requires in its discretion, by the testimony of the attesting witnesses. Best practice is to keep the witnesses available/locatable. Notarization is NOT required and does NOT substitute for or self-prove the will.
Ohio requires 2 witnesses: Two or more competent witnesses, each at least 18 years old, who saw the testator sign or heard the testator acknowledge the signature, and who attest and subscribe in the conscious presence of the testator. 'Conscious presence' means within the range of any of the testator's senses, excluding sight or sound sensed by telephonic/electronic/distant communication.. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. Ohio does not use a self-proving affidavit, so keep a record of who witnessed your will in case they need to confirm it in probate.
Can You Use a Handwritten (Holographic) Will in Ohio?
No. Ohio does not recognize holographic (handwritten, unwitnessed) wills — a handwritten note will not work. Your will must be typed and signed in front of 2 witnesses, which is exactly what this generator produces.
Spousal and Family Protections in Ohio
Can you disinherit your spouse? You CANNOT fully disinherit a spouse. Ohio uses a 'lesser-of' scheme rather than a UPC sliding scale: a surviving spouse may elect AGAINST the will to take an intestate share, but capped at one-HALF (1/2) of the net estate if no children or only one child/lineal descendant survives, and capped at one-THIRD (1/3) of the net estate if two or more of the decedent's children (or their lineal descendants) survive. The election must be made within five months of the executor/administrator's appointment. The spouse also has a mansion-house right and statutory family/support allowance.
Children born after your will: A child born or adopted AFTER the will is executed (a 'pretermitted'/after-born heir) takes an intestate share unless it appears the omission was intentional or the child was otherwise provided for. Ohio Rev. Code § 2107.34 (provision for after-born or pretermitted heirs). This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: If a devise/bequest is made to a relative of the testator (the protected class covers the testator's relatives by consanguinity) who predeceases the testator leaving issue who survive, the gift passes to that beneficiary's issue (per stirpes/representation) rather than lapsing — unless the will provides otherwise. The class/'issue,' 'heirs,' etc. exception in § 2107.52(B)(2)(b) can override substitution. Generator should include an express alternate-taker/survivorship clause to control disposition. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: Ohio has adopted a 120-hour (USDA-style) survivorship requirement for intestate succession and simultaneous death (Ohio Rev. Code ch. 2105 / § 2105.21 and related simultaneous-death provisions); for devisees a beneficiary who does not survive triggers anti-lapse/lapse rules. Best practice (and generator default) is an express survivorship period of 30–60 days, which Ohio honors. The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: No-contest (in terrorem) clauses are generally enforceable in Ohio, but Ohio courts decline to enforce forfeiture where the contestant brought the challenge in good faith and with probable cause (reasonable justification). Note: ORC § 2107.74 is the will-contest evidentiary section (order of probate as prima-facie evidence), NOT the no-contest rule itself; the probable-cause limitation comes from Ohio case law. Generator may include a no-contest clause but should warn it will not bar a good-faith, probable-cause contest.
Digital assets: Ohio has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: Ohio does not give legal effect to a separate personal-property memorandum, so list any specific items in the will itself.
What Happens If You Die Without a Will in Ohio?
Ohio is unusually spouse-protective: if all of your children are also your surviving spouse's children, the spouse inherits everything, and the spouse also takes everything when you leave no descendants at all. The big change comes only with stepchildren in the mix — then the spouse gets a fixed first slice ($20,000 if a parent of none, $60,000 if a parent of some) plus one-third of the rest, with the children dividing the remainder.
- Spouse, no children: Entire estate. If there are no children or their lineal descendants, the whole estate passes to the surviving spouse (parents do not take when a spouse survives).
- Spouse and shared children: Entire estate to the surviving spouse if all of the decedent's children (or their lineal descendants) are also children of that surviving spouse. This is one of the more spouse-favorable rules in the country.
- Spouse and a child from another relationship: Spouse's share drops. If the spouse is the parent of NONE of the decedent's children: first $20,000 plus 1/3 of the balance (one child) or 1/3 of the whole if more than one child; remainder to the children per stirpes. If the spouse is the parent of one but not all children: first $60,000 plus 1/3 of the balance; remainder to the children per stirpes.
- Children, no spouse: No spouse: the whole estate passes to the decedent's children, or their lineal descendants, per stirpes.
- No spouse or children: No spouse and no descendants: to surviving parents (equally, or all to one); then to siblings and their lineal descendants per stirpes; then to grandparents and their lineal descendants; then to next of kin; escheats to the state if no kin.
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: Ohio Rev. Code § 2105.06.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in Ohio?
Yes, if you sign it correctly. Ohio requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Ohio will need to be notarized?
No. Ohio does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Ohio will need?
2 witnesses. Two or more competent witnesses, each at least 18 years old, who saw the testator sign or heard the testator acknowledge the signature, and who attest and subscribe in the conscious presence of the testator. 'Conscious presence' means within the range of any of the testator's senses, excluding sight or sound sensed by telephonic/electronic/distant communication. They should be adults who do not inherit under the will.
Can I leave my spouse out of my Ohio will?
You CANNOT fully disinherit a spouse. Ohio uses a 'lesser-of' scheme rather than a UPC sliding scale: a surviving spouse may elect AGAINST the will to take an intestate share, but capped at one-HALF (1/2) of the net estate if no children or only one child/lineal descendant survives, and capped at one-THIRD (1/3) of the net estate if two or more of the decedent's children (or their lineal descendants) survive. The election must be made within five months of the executor/administrator's appointment. The spouse also has a mansion-house right and statutory family/support allowance.
What happens if I die without a will in Ohio?
Ohio is unusually spouse-protective: if all of your children are also your surviving spouse's children, the spouse inherits everything, and the spouse also takes everything when you leave no descendants at all. The big change comes only with stepchildren in the mix — then the spouse gets a fixed first slice ($20,000 if a parent of none, $60,000 if a parent of some) plus one-third of the rest, with the children dividing the remainder.
Does a Ohio will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in Ohio?
Generally 18. Testator must be 18 or older, of sound mind and memory, and not under restraint (ORC 2107.02). No married/military exception. You must also be of sound mind.
Can I write my will by hand in Ohio?
No. Ohio does not recognize handwritten, unwitnessed wills. Your will must be typed and properly witnessed.
Do I need a lawyer to make a will in Ohio?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Ohio requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Ohio estate-planning attorney. RecordingLaw.com is not a law firm.
Know someone who could use this? Share this free tool: