In Ohio, the deadline for a will contest is generally 3 months from the filing of the certificate of notice of probate (R.C. 2107.76). In Columbus, will contests are heard in the Franklin County Probate Court. Creditors face their own clock: claims are generally due within 6 months of death (R.C. 2117.06(B)).
This page provides general information, not legal advice about your matter. Contacting the firm does not create an attorney-client relationship.
Three months is not long
The certificate of notice tells heirs the will was admitted. The contest clock runs from its filing, not from when you finally read it. Get the probate docket the day you hear a will was filed.
Certificate of notice filed? Call 614-944-5151. The clock is already running.
Grounds that hold up
Lack of capacity, undue influence, fraud and improper signing are the usual grounds. Each needs evidence: medical records, the drafting lawyer’s file, who arranged the appointment, and who benefited.
When the executor is the problem
Executors and trustees owe duties to the beneficiaries. Missing accountings, self-dealing, and assets sold to friends at a discount can support removal and a claim for the loss.
The fiduciary holds the keys
An executor or trustee controls the accounts, the house and the paperwork, and often the family story too. That head start is what we take away. We demand inventories and accountings, subpoena bank records, and depose the people who were in the room when the will was signed. The estate’s own records become your evidence. We fight for your rights with them.
Built to be tried
Many probate disputes settle. The ones that settle well are the ones prepared for a hearing: witnesses lined up, medical history in hand, the drafting lawyer’s notes reviewed. We are prepared to try the contest, and the other side knows it.
What to gather now
- The will, any earlier wills and any trust documents.
- The probate case number and the certificate of notice.
- Medical records or notes on the person’s health near signing.
- Names of caregivers, advisers and anyone who helped arrange the will.
Planning, done to hold up
We also prepare wills and estate plans. We draft like litigators, because we know how documents get attacked.
Why clients hire us
- We are prepared to try the will contest, not just threaten one.
- We calendar the 3-month contest window at the first call.
- The drafting file and medical records are requested early.
- Executors are pressed for accountings, not just asked.
- Litigation and planning sit under one roof.
FAQ
How long do I have to contest a will in Ohio?
Generally 3 months after the certificate of notice of probate is filed, under R.C. 2107.76.
Who can contest a will?
Generally a person with a financial interest in the estate, such as an heir or a beneficiary under an earlier will.
What are grounds to contest a will?
Common grounds are lack of mental capacity, undue influence, fraud and improper execution.
Can I challenge an executor?
Yes. A beneficiary can ask the probate court to require an accounting, remove the fiduciary or recover losses caused by misconduct.
Where are will contests filed in Franklin County?
In the Franklin County Probate Court, which handles estates of Franklin County residents.
Check the docket, then call
Have the case number ready and call 614-944-5151, or tell us who is named in the will. See also civil litigation.
Related
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