How to Make a Will in Ohio (2026 Guide)

A will made in Ohio must be signed by you and by 2 witnesses to be valid. No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death. Below is everything the signing cover sheet in your free Ohio will covers, generated from the same rules.

Make my free Ohio will

Ohio will requirements at a glance

Witnesses required	2
Self-proving affidavit	No
Notary required for the will	No
Notary for the affidavit	n/a
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Yes
Will execution statute	Ohio Rev. Code § 2107.03
Financial POA statute	Ohio Rev. Code § 1337.21 et seq. (Ohio Uniform Power of Attorney Act, 2012); statutory form at § 1337.60
Healthcare directive statute	Ohio Rev. Code § 1337.11 et seq. (durable power of attorney for health care; required notice at § 1337.17) and § 2133.01 et seq. (Modified Uniform Rights of the Terminally Ill Act; living will declaration)

Witnesses

Two witnesses. The will must be in writing, signed at the end by the testator (or by another in the testator's conscious presence and at the testator's express direction), and attested and subscribed in the conscious presence of the testator by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature (Ohio Rev. Code § 2107.03). Witnesses must be at least 18 (Ohio Rev. Code § 2107.06). Use witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also attested by two other disinterested witnesses (Ohio Rev. Code § 2107.15). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in Ohio?

No. Your state does not use a notary for wills, and does not provide a self-proving affidavit.

Self-proving affidavit

No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death. What a self-proving affidavit does.

How to sign your will in Ohio

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed at the end by the testator (or by another in the testator's conscious presence and at the testator's express direction), and attested and subscribed in the conscious presence of the testator by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature (Ohio Rev. Code § 2107.03). Witnesses must be at least 18 (Ohio Rev. Code § 2107.06). Use witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also attested by two other disinterested witnesses (Ohio Rev. Code § 2107.15). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Store the original safely. Ohio allows a testator to deposit a will with the probate court of the county of residence for safekeeping during the testator's lifetime for a small fee; it is sealed and released only to the testator or, after death, to the named executor (Ohio Rev. Code § 2107.07). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
5. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take against the will and receive one-half of the net estate if the decedent left no more than one child (or the descendants of one child), or one-third if the decedent left two or more children (Ohio Rev. Code § 2106.01). The spouse may also purchase the mansion house at appraised value, live in it rent-free for one year, and receive a $40,000 support allowance (Ohio Rev. Code §§ 2106.10, 2106.13, 2106.15).

Homestead

No special restriction on devising a homestead by will, but the surviving spouse may remain in the mansion house rent-free for one year and may elect to purchase it from the estate at appraised value regardless of the will (Ohio Rev. Code §§ 2106.10, 2106.15). The homestead exemption from creditors is in Ohio Rev. Code § 2329.66.

If you die without a will in Ohio

If you die without a will in Ohio, your spouse takes everything if you leave no children, or if all of your children are also your spouse's. If you leave one child who is not your spouse's, the spouse takes the first $20,000 plus half. If you leave two or more children and at least one is not your spouse's, the spouse takes the first $60,000 (if the spouse is the parent of at least one child) or $20,000 (if not) plus one-third (Ohio Rev. Code § 2105.06). With no spouse, everything passes to children, then parents, then siblings. More on intestacy.

Other estate-planning documents in Ohio

• Durable financial power of attorney: Ohio Rev. Code § 1337.21 et seq. (Ohio Uniform Power of Attorney Act, 2012); statutory form at § 1337.60. The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (Ohio Rev. Code § 1337.25). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county recorder before using it for real estate (Ohio Rev. Code § 1337.04).
• Advance healthcare directive: Ohio Rev. Code § 1337.11 et seq. (durable power of attorney for health care; required notice at § 1337.17) and § 2133.01 et seq. (Modified Uniform Rights of the Terminally Ill Act; living will declaration). A durable power of attorney for health care and a living will declaration must each be signed by the principal and either signed by two adult witnesses or acknowledged before a notary public (Ohio Rev. Code §§ 1337.12(B), 2133.02(B)). A witness may not be related to the principal by blood, marriage or adoption, the appointed attorney in fact, the attending physician, or the administrator of a nursing home where the principal receives care. Ohio has no mandatory form, but a health care power of attorney must include the statutory notice in substantially the wording of Ohio Rev. Code § 1337.17; the Ohio State Bar Association forms satisfy this.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Ohio notes

• Ohio does not provide a self-proving affidavit; probate courts admit a will on the attestation clause and, if needed, an affidavit or testimony from a witness. Keep both witnesses' current addresses with the will.
• Ohio does not recognize holographic (unwitnessed handwritten) wills or a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Ohio?

Ohio requires 2 witnesses (Ohio Rev. Code § 2107.03). Two witnesses. The will must be in writing, signed at the end by the testator (or by another in the testator's conscious presence and at the testator's express direction), and attested and subscribed in the conscious presence of the testator by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature (Ohio Rev. Code § 2107.03). Witnesses must be at least 18 (Ohio Rev. Code § 2107.06). Use witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also attested by two other disinterested witnesses (Ohio Rev. Code § 2107.15). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in Ohio?

No. Your state does not use a notary for wills, and does not provide a self-proving affidavit.

Does Ohio have a self-proving affidavit?

No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death.

Are handwritten (holographic) wills valid in Ohio?

Ohio does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Ohio?

A surviving spouse cannot be completely disinherited. The spouse may elect to take against the will and receive one-half of the net estate if the decedent left no more than one child (or the descendants of one child), or one-third if the decedent left two or more children (Ohio Rev. Code § 2106.01). The spouse may also purchase the mansion house at appraised value, live in it rent-free for one year, and receive a $40,000 support allowance (Ohio Rev. Code §§ 2106.10, 2106.13, 2106.15).

What happens if I die without a will in Ohio?

If you die without a will in Ohio, your spouse takes everything if you leave no children, or if all of your children are also your spouse's. If you leave one child who is not your spouse's, the spouse takes the first $20,000 plus half. If you leave two or more children and at least one is not your spouse's, the spouse takes the first $60,000 (if the spouse is the parent of at least one child) or $20,000 (if not) plus one-third (Ohio Rev. Code § 2105.06). With no spouse, everything passes to children, then parents, then siblings.

Is a no-contest clause enforceable in Ohio?

Ohio has no statute on no-contest clauses, and Ohio courts have long enforced them as written, without a probable-cause exception (Bradford v. Bradford, 19 Ohio St. 546 (1869); Bender v. Bateman, 33 Ohio App. 128 (1929)). A beneficiary who contests and loses forfeits the gift.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.