Our clients often ask if they must file their executed last wills and testaments with a court or government office. The answer is no. In Ohio, there is no legal requirement to file or record a last will and testament before the person dies.

However, there is a process in Ohio whereby the testator, the person making the will, can deposit the original will with the probate court in the county where the testator lives. There is a small filing fee set by Ohio statute (currently $25.00). Every deposited will must be enclosed in a sealed envelope that sets forth the name of the testator, the date of delivery, and the name of the person who delivered the will.

Afterward, the probate judge shall keep and safely maintain the will. The deposited will shall not be a public record until after the testator dies. During the testator’s lifetime, the court may only deliver the will to the testator, to some person authorized by the testator, or to a probate court to determine the validity of the document upon the testator’s request. After the testator's death, the court must, if requested, deliver the will to any person named on the envelope of the will. If no person named on the envelope demands the will, the court must open the will publicly within one month after notice of the testator's death and must notify the executor named in the will.

If a will is not disposed of within one hundred years after its deposit, then the judge may dispose of it. The judge must retain an electronic copy of the destroyed will, however.

Filing a will with the probate court before death may have some unanticipated consequences. It is not uncommon for testators to execute several wills during their lifetimes. By law, the most recently executed will governs a testator’s estate. There could be confusion if a filed will is not a testator’s most current will. If the testator’s family is unaware of a newly executed will, the previously filed will could be used in the testator’s estate administration. Accordingly, if a testator files her will, she must make sure that any subsequently executed wills are also filed with the probate court before her passing. Otherwise, her intended beneficiaries may not inherit from her.

Often, an attorney’s office will hold a testator’s original will for safekeeping. The attorney must return the original document to the testator, if requested, or to the named executor upon the testator’s death so he can begin an estate administration. Before filing your will, it is best to consult with a trusted probate attorney to best safeguard and protect the document. The attorneys at Laribee & Hertrick, LLP are here to assist you.

Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.