Am. H. B. No. 265 As Reported by the Senate Judiciary--Civil Justice Committee

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, Dolan, DeGeeter, Blessing, Miller, Coley, Allen, Book, Bubp, Hughes, Seaver, Setzer, J. Stewart, Taylor, Webster

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

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

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

       (3) Two or more witnesses saw the decedent sign the document 20
under division (A)(2) of this section. 21

       (B) If the probate court holds a hearing pursuant to division 22
(A) of this section and finds that the proponent of the document 23
as a purported will has established by clear and convincing 24
evidence the requirements under divisions (A)(1), (2), and (3) of 25
this section, the executor may file an action in the probate court 26
to recover court costs and attorney's fees from the attorney, if 27
any, responsible for the execution of the document. 28

       Sec. 2107.27. (A) When application is made to the probate 29
court to admit to probate a will that has been lost, spoliated, or 30
destroyed as provided in section 2107.26 of the Revised Code or a 31
document that is treated as a will as provided in section 2107.24 32
of the Revised Code, the party seeking to prove the will shall 33
give a written notice by certified mail to the surviving spouse of 34
the testator, to all persons who would be entitled to inherit from 35
the testator under Chapter 2105. of the Revised Code if the 36
testator had died intestate, to all legatees and devisees that are 37
named in the will, and to all legatees and devisees that are named 38
in the most recent will prior to the lost, spoliated, or destroyed 39
will that is known to the applicant or in the most recent will 40
prior to the document that is treated as a will if the most recent 41
will is known to the applicant. 42

       (B) In the cases described in division (A) of this section, 43
the proponents and opponents of the will shall cause the witnesses 44
to the will, and any other witnesses that have relevant and 45
material knowledge about the will, to appear before the court to 46
testify. If any witnesses reside out of its jurisdiction, or 47
reside within its jurisdiction but are infirm or unable to attend, 48
the probate court may order their testimony to be taken and 49
reduced to writing by some competent person. The testimony shall 50
be filed in the records of the probate court pertaining to the 51
testator's estate. 52

       (C) If upon such proof the court finds that the requirements 53
of section 2107.24 or 2107.26 of the Revised Code, whichever is 54
applicable, have been met, the probate court shall find and 55
establish the contents of the will as near as can be ascertained. 56
The contents of the will established under section 2107.26 of the 57
Revised Code shall be as effectual for all purposes as if the 58
original will had been admitted to probate and record. The 59
contents of the will established under section 2107.24 of the 60
Revised Code shall be as effectual for all purposes as if the 61
document treated as a will had satisfied all of the requirements 62
of section 2107.03 of the Revised Code and had been admitted to 63
probate and record. 64

       Section 2. That existing section 2107.27 of the Revised Code 65
is hereby repealed. 66

       Section 3. Section 2107.27 of the Revised Code, as amended by 67
this act, and section 2107.24 of the Revised Code, as enacted by 68
this act, apply to estates of decedents who die on or after the 69
effective date of this act. 70

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

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

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

(3) Two or more witnesses saw the decedent sign the document	20
under division (A)(2) of this section.	21

(B) If the probate court holds a hearing pursuant to division	22
(A) of this section and finds that the proponent of the document	23
as a purported will has established by clear and convincing	24
evidence the requirements under divisions (A)(1), (2), and (3) of	25
this section, the executor may file an action in the probate court	26
to recover court costs and attorney's fees from the attorney, if	27
any, responsible for the execution of the document.	28

Sec. 2107.27. (A) When application is made to the probate	29
court to admit to probate a will that has been lost, spoliated, or	30
destroyed as provided in section 2107.26 of the Revised Code or a	31
document that is treated as a will as provided in section 2107.24	32
of the Revised Code, the party seeking to prove the will shall	33
give a written notice by certified mail to the surviving spouse of	34
the testator, to all persons who would be entitled to inherit from	35
the testator under Chapter 2105. of the Revised Code if the	36
testator had died intestate, to all legatees and devisees that are	37
named in the will, and to all legatees and devisees that are named	38
in the most recent will prior to the lost, spoliated, or destroyed	39
will that is known to the applicant or in the most recent will	40
prior to the document that is treated as a will if the most recent	41
will is known to the applicant.	42

(B) In the cases described in division (A) of this section,	43
the proponents and opponents of the will shall cause the witnesses	44
to the will, and any other witnesses that have relevant and	45
material knowledge about the will, to appear before the court to	46
testify. If any witnesses reside out of its jurisdiction, or	47
reside within its jurisdiction but are infirm or unable to attend,	48
the probate court may order their testimony to be taken and	49
reduced to writing by some competent person. The testimony shall	50
be filed in the records of the probate court pertaining to the	51
testator's estate.	52

(C) If upon such proof the court finds that the requirements	53
of section 2107.24 or 2107.26 of the Revised Code, whichever is	54
applicable, have been met, the probate court shall find and	55
establish the contents of the will as near as can be ascertained.	56
The contents of the will established under section 2107.26 of the	57
Revised Code shall be as effectual for all purposes as if the	58
original will had been admitted to probate and record. The	59
contents of the will established under section 2107.24 of the	60
Revised Code shall be as effectual for all purposes as if the	61
document treated as a will had satisfied all of the requirements	62
of section 2107.03 of the Revised Code and had been admitted to	63
probate and record.	64

Section 2. That existing section 2107.27 of the Revised Code	65
is hereby repealed.	66

Section 3. Section 2107.27 of the Revised Code, as amended by	67
this act, and section 2107.24 of the Revised Code, as enacted by	68
this act, apply to estates of decedents who die on or after the	69
effective date of this act.	70