In Ohio, an interested person contests a will by complaint in the probate court that admitted it, such as Franklin County Probate Court in Columbus. The window is short: a will contest generally must be filed within 3 months after the certificate of giving notice of probate is filed (R.C. 2107.76). Common grounds: lack of capacity, undue influence, improper signing.
This page provides general information, not legal advice about your matter. Contacting the firm does not create an attorney-client relationship.
Families do not end up in a will contest over small things. They get there when a parent’s last wishes look like someone else’s wishes, or when a document appears that no one expected. We confirm the deadline at the outset and build the record the other side would rather leave buried. Will contests and estate disputes are handled by Jeckering & Associates, LLC at 10 N High St, Suite 301, Columbus (614-944-5151), and at its Mechanicsburg office.
Who can contest a will in Ohio?
A person interested in a will that has been admitted to probate can contest it in the probate court of the county where it was admitted (R.C. 2107.71(A)). That usually means someone named in this will or an earlier one, or an heir who would inherit if there were no will.
Everyone with a stake must be brought into the case. The necessary parties include the beneficiaries under the will, the people who would inherit without a will, and the executor or administrator (R.C. 2107.73). A will that a court already declared valid during the testator’s lifetime under R.C. Chapter 5817 generally cannot be contested on the facts that court decided (R.C. 2107.71(B)).
What is the deadline to contest a will in Ohio?
Usually 3 months from the date the notice certificate is filed in probate court (R.C. 2107.76).
| Step | Timing | Source |
|---|---|---|
| Notice of probate goes to the surviving spouse, heirs and beneficiaries | Within 2 weeks after the will is admitted | R.C. 2107.19(A)(1) |
| Certificate of giving notice is filed with the probate court | Generally within 2 months after the fiduciary is appointed, unless extended | R.C. 2107.19(A)(4) |
| Deadline to file a will contest | 3 months after the certificate is filed | R.C. 2107.76 |
| If you were not sent notice | 3 months after the initial certificate is filed | R.C. 2107.76 |
| Person under a legal disability | 3 months after the disability is removed, with protections for good-faith buyers and fiduciaries | R.C. 2107.76 |
Ask the probate court for the date the certificate was filed, and count from that date. Do not count from the date of death or the date you read the notice.
Holding the probate notice? Have it in hand when you call 614-944-5151; we confirm the certificate date with you.
What are the grounds for contesting a will in Ohio?
You need a legal reason the will is invalid, not just an unfair result. The grounds most often raised are lack of capacity, undue influence, forgery, improper signing, and a later will or revocation.
Lack of testamentary capacity
The Supreme Court of Ohio’s test asks whether, when signing, the person understood the nature of the act, knew the nature and extent of the property, knew who would naturally expect to inherit, and appreciated how the will treated them (Niemes v. Niemes, 97 Ohio St. 145 (1917)). A diagnosis alone does not answer that question; the medical record on the signing date does far more.
Undue influence
Undue influence is pressure that replaces the testator’s wishes with someone else’s. Ohio courts look for a susceptible testator, another person’s opportunity to exert influence, improper influence exerted or attempted, and a result showing its effect (West v. Henry, 173 Ohio St. 498 (1962)).
Forgery
A signature the testator never made cannot satisfy Ohio’s signing requirement.
Improper signing or witnessing
An Ohio will generally must be in writing, signed at the end by the testator (or by someone else in the testator’s conscious presence and at the testator’s direction), and attested by two or more competent witnesses who saw the signing or heard it acknowledged (R.C. 2107.03).
A later will or revocation
A will can be revoked by tearing, canceling, obliterating or destroying it with the intent to revoke, or by a later will or writing (R.C. 2107.33(A)). Divorce, dissolution or annulment generally revokes provisions for the former spouse (R.C. 2107.33(B)).
Can I contest a will just because it is unfair?
No. Leaving someone out, or leaving one child more than another, is not by itself a reason to set a will aside.
Unequal treatment can still be evidence. A sudden change that benefits the person who controlled access to the testator, arranged the lawyer and sat in on the meeting is exactly the kind of fact that supports an undue influence claim.
What happens if the will has a no-contest clause?
A no-contest clause can cost a beneficiary what the will gives them if they challenge it, and the Supreme Court of Ohio has long upheld these clauses (Bradford v. Bradford, 19 Ohio St. 546 (1869), as discussed in In re Estate of Damschroder, 2021-Ohio-1558 (3d Dist.)).
Not every step counts as a contest. In Damschroder, a beneficiary who answered the complaint as a named defendant and testified did not trigger the clause. If the will leaves you something, weigh the strength of your grounds before you file, and get advice first.
How does a will contest work in probate court?
It is a civil lawsuit filed in the probate court, governed by the Civil Rules (R.C. 2107.72(A)). Each party has the right to demand a jury trial (R.C. 2107.72(B)).
The order admitting the will is prima facie evidence that the will was properly executed and valid, so the person contesting it must come forward with proof (R.C. 2107.74). The case moves through discovery, depositions of witnesses and medical providers, and often mediation. A final probate judgment can be appealed, generally within 30 days (App.R. 4(A)); our appeals team handles that stage.
What other estate disputes can end up in court?
Trust challenges, executor misconduct and hidden assets are the most common. Each follows its own rules and deadlines, and these disputes are handled as civil litigation.
Trust contests
A challenge to a revocable trust that became irrevocable at death must generally be brought by the earlier of 2 years after the settlor’s death or 6 months after the trustee sends a copy of the trust and the required notice (R.C. 5806.04(A)).
Removing an executor
The probate court can remove a fiduciary for neglect of duty, incompetency or fraudulent conduct, or when the interest of the estate demands it (R.C. 2109.24).
Concealed or diverted assets
Ohio allows a proceeding in probate court against anyone suspected of concealing, embezzling or conveying away estate assets (R.C. 2109.50).
What evidence should I gather before contesting a will?
Start with anything that shows the testator’s condition and who was involved when the will was signed. Medical records and earlier wills often decide these cases.
- The Notice of Probate of Will and the date the certificate was filed
- Earlier wills, trusts and beneficiary designations
- Medical, hospital and care-facility records near the signing date
- Who found and paid the lawyer, and who attended the signing
- Changes in bank accounts, deeds or powers of attorney
- Names of caregivers, friends and neighbors who saw the testator often
Clients in Champaign and nearby counties can meet with us at our Mechanicsburg office; Franklin County clients can use our Columbus office.
Why clients hire us
When an estate is contested and the other side controls the paperwork, we fight for your rights.
- Probate litigation, not just planning: we take will contests, executor removals and concealed-asset claims into court.
- Prepared to try the contest: witnesses, medical history and the drafting file are lined up as if a jury will decide, because we fight to win.
- The deadline comes first: we confirm the certificate date before anything else.
- Two offices: Columbus for Franklin County estates, Mechanicsburg for Champaign and nearby counties.
Frequently asked questions
Where is a will contest filed in Franklin County?
It goes to the Franklin County Probate Court when the will was admitted there. A will admitted in another county is contested in that county’s probate court under R.C. 2107.71.
How much time do I have to challenge a will?
Count 3 months from the day the notice certificate is filed (R.C. 2107.76). A legal disability restarts that window once it ends.
What is undue influence?
Pressure that overrides the testator’s own wishes. Ohio courts look at whether the testator was susceptible, whether someone had the opportunity, whether improper influence was used, and whether the will reflects it.
Who has the right to contest a will in Ohio?
Most often a beneficiary or an heir. R.C. 2107.71 allows an interested person to contest, which typically means someone named in this or an earlier will, or someone who would inherit without a will. Being left out is not a ground by itself.
What grounds can be used to contest a will in Ohio?
A legal defect, not unfairness: the testator lacked capacity, someone exerted undue influence, the will was forged, it was not properly signed and witnessed, or a later will revoked it.
Can I challenge or remove an executor in Ohio?
Yes. The probate court can remove an executor who neglects the job, is not competent, acts fraudulently, or whose removal the estate’s interest requires (R.C. 2109.24).
Are trusts contested the same way?
No. Trust challenges follow R.C. 5806.04, which generally sets the earlier of 2 years after death or 6 months after the trustee’s notice.
Can a no-contest clause cost me my inheritance?
Ohio courts generally enforce these clauses, so a beneficiary who contests can lose what the will gives them. Weigh the strength of the grounds before filing.
Received a Notice of Probate of Will?
Call 614-944-5151, or talk with our team about the deadline. We fight for your family’s rightful share and level the playing field in probate court, from Columbus and Mechanicsburg. Read more about our probate and estate planning work.
Jeckering & Associates, LLC · Columbus office: 10 N High St, Suite 301, Columbus, OH 43215 · 614-944-5151 · Mechanicsburg office: 16 S Main St, Mechanicsburg, OH 43044 · 937-896-2222 · staff@centralohiolegal.com · Hours Mon–Fri 9:00 AM–5:30 PM