H. B. No. 265 As Introduced

Representatives Seitz, T. Patton, Fende, Wagoner, McGregor, Fessler, D. Evans, C. Evans, Gilb, Core, Harwood, Walcher, Cassell, Martin, Buehrer, Willamowski, Barrett, Collier, Oelslager, Daniels, Brown, Raga, Schneider, Combs, Hartnett, Reidelbach, Gibbs, Sayre, Latta

A BILL
To amend section 2107.27 and to enact section 2107.24 1
of the Revised Code to provide a procedure for a 2
probate court to treat a document as a will 3
notwithstanding its noncompliance with the 4
statutory formalities for executing wills. 5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 2107.27 be amended and section 6
2107.24 of the Revised Code be enacted to read as follows: 7

       Sec. 2107.24. If a document that purports to be a will is 8
not executed in compliance with the requirements of section 9
2107.03 of the Revised Code, that document shall be treated as if 10
it had been executed as a will in compliance with the requirements 11
of that section if a probate court, after holding a hearing, finds 12
that the proponent of the document as a purported will has 13
established, by clear and convincing evidence, all of the 14
following: 15

       (A) The decedent prepared the document or caused the document 16
to be prepared. 17

       (B) The decedent signed the document and intended the 18
document to constitute the decedent's will. 19

       (C) Two or more witnesses saw the decedent sign the document 20
under division (B) of this section. 21

       Sec. 2107.27. (A) When application is made to the probate 22
court to admit to probate a will that has been lost, spoliated, or 23
destroyed as provided in section 2107.26 of the Revised Code or a 24
document that is treated as a will as provided in section 2107.24 25
of the Revised Code, the party seeking to prove the will shall 26
give a written notice by certified mail to the surviving spouse of 27
the testator, to all persons who would be entitled to inherit from 28
the testator under Chapter 2105. of the Revised Code if the 29
testator had died intestate, to all legatees and devisees that are 30
named in the will, and to all legatees and devisees that are named 31
in the most recent will prior to the lost, spoliated, or destroyed 32
will that is known to the applicant or in the most recent will 33
prior to the document that is treated as a will if the most recent 34
will is known to the applicant. 35

       (B) In the cases described in division (A) of this section, 36
the proponents and opponents of the will shall cause the witnesses 37
to the will, and any other witnesses that have relevant and 38
material knowledge about the will, to appear before the court to 39
testify. If any witnesses reside out of its jurisdiction, or 40
reside within its jurisdiction but are infirm or unable to attend, 41
the probate court may order their testimony to be taken and 42
reduced to writing by some competent person. The testimony shall 43
be filed in the records of the probate court pertaining to the 44
testator's estate. 45

       (C) If upon such proof the court finds that the requirements 46
of section 2107.24 or 2107.26 of the Revised Code, whichever is 47
applicable, have been met, the probate court shall find and 48
establish the contents of the will as near as can be ascertained. 49
The contents of the will established under section 2107.26 of the 50
Revised Code shall be as effectual for all purposes as if the 51
original will had been admitted to probate and record. The 52
contents of the will established under section 2107.24 of the 53
Revised Code shall be as effectual for all purposes as if the 54
document treated as a will had satisfied all of the requirements 55
of section 2107.03 of the Revised Code and had been admitted to 56
probate and record. 57

       Section 2. That existing section 2107.27 of the Revised Code 58
is hereby repealed. 59

       Section 3. Section 2107.27 of the Revised Code, as amended by 60
this act, and section 2107.24 of the Revised Code, as enacted by 61
this act, apply to estates of decedents who die on or after the 62
effective date of this act. 63

Section 1. That section 2107.27 be amended and section	6
2107.24 of the Revised Code be enacted to read as follows:	7

Sec. 2107.24. If a document that purports to be a will is	8
not executed in compliance with the requirements of section	9
2107.03 of the Revised Code, that document shall be treated as if	10
it had been executed as a will in compliance with the requirements	11
of that section if a probate court, after holding a hearing, finds	12
that the proponent of the document as a purported will has	13
established, by clear and convincing evidence, all of the	14
following:	15

(A) The decedent prepared the document or caused the document	16
to be prepared.	17

(B) The decedent signed the document and intended the	18
document to constitute the decedent's will.	19

(C) Two or more witnesses saw the decedent sign the document	20
under division (B) of this section.	21

Sec. 2107.27. (A) When application is made to the probate	22
court to admit to probate a will that has been lost, spoliated, or	23
destroyed as provided in section 2107.26 of the Revised Code or a	24
document that is treated as a will as provided in section 2107.24	25
of the Revised Code, the party seeking to prove the will shall	26
give a written notice by certified mail to the surviving spouse of	27
the testator, to all persons who would be entitled to inherit from	28
the testator under Chapter 2105. of the Revised Code if the	29
testator had died intestate, to all legatees and devisees that are	30
named in the will, and to all legatees and devisees that are named	31
in the most recent will prior to the lost, spoliated, or destroyed	32
will that is known to the applicant or in the most recent will	33
prior to the document that is treated as a will if the most recent	34
will is known to the applicant.	35

(B) In the cases described in division (A) of this section,	36
the proponents and opponents of the will shall cause the witnesses	37
to the will, and any other witnesses that have relevant and	38
material knowledge about the will, to appear before the court to	39
testify. If any witnesses reside out of its jurisdiction, or	40
reside within its jurisdiction but are infirm or unable to attend,	41
the probate court may order their testimony to be taken and	42
reduced to writing by some competent person. The testimony shall	43
be filed in the records of the probate court pertaining to the	44
testator's estate.	45

(C) If upon such proof the court finds that the requirements	46
of section 2107.24 or 2107.26 of the Revised Code, whichever is	47
applicable, have been met, the probate court shall find and	48
establish the contents of the will as near as can be ascertained.	49
The contents of the will established under section 2107.26 of the	50
Revised Code shall be as effectual for all purposes as if the	51
original will had been admitted to probate and record. The	52
contents of the will established under section 2107.24 of the	53
Revised Code shall be as effectual for all purposes as if the	54
document treated as a will had satisfied all of the requirements	55
of section 2107.03 of the Revised Code and had been admitted to	56
probate and record.	57

Section 2. That existing section 2107.27 of the Revised Code	58
is hereby repealed.	59

Section 3. Section 2107.27 of the Revised Code, as amended by	60
this act, and section 2107.24 of the Revised Code, as enacted by	61
this act, apply to estates of decedents who die on or after the	62
effective date of this act.	63