Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction. The will shall be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator's signature.
For purposes of this section, "conscious presence" means within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.
Notes of Decisions
Cited in 46
cases (6 in the last 5 years), 1957–2025 · leading case: Est. of Hand, 2016-Ohio-7437.
Est. of Hand, 2016-Ohio-7437. · cites it 18דThe probate court found that the purported will could not be admitted to probate under R.C. 2107.03 or 2107.181 because it was not signed by Boon and Lester.”
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6973, 159 N.E.3d 1190. · cites it 18ד{¶ 1} We accepted this discretionary appeal to address the relationships among three statutes that govern Ohio wills: R.C. 2107.03, which governs the formal requirements for the execution of a written will; R.”
Est. of Snell v. Kilburn, 846 N.E.2d 572 (Ohio Ct. App. 7th Dist. 2005). · cites it 4ד” {¶ 26} Lanny contends that the will was not properly attested to as required by R.C. 2107.03. That section provides: {¶ 27} “Except oral wills, every last will and testament shall be in writing, but may be handwritten or typewritten.”
Buffenbarger v. Est. of Meyer, 2023-Ohio-2760, 222 N.E.3d 55. · cites it 5דA will must be in writing and “signed at the end by the testator or by some other person in the testator’s conscious presence and at the testator’s express direction.”
Rogers v. Helmes, 432 N.E.2d 186 (Ohio 1982). · cites it 6דIn Blankner this court stated, at page 231, that “[t]he only limitation fixed on witnesses to a written will under Section 2107.03, Revised Code, is that they cannot acquire an interest in the estate of the testator.”
Zimpfer v. Roach, 2017-Ohio-8437, 99 N.E.3d 1169. · cites it 2דAppellants asserted three counts in their complaint: (1) that Jake's Last Will and Testament was invalid because it did not comply with the requirements of R.C. 2107.03 ; (2) that Jake *1172 lacked the testamentary capacity to execute his Last Will and Testament; and (3) that…”
Ayer v. Morenz-Harbinger, 2020-Ohio-6861. · cites it 2דAttestation {¶32} First, Larry and Mark argue that the probate court erred in concluding that the will was validly attested to as required by R.C. 2107.03. R.C. 2107.03 provides, Except oral wills, every will shall be in writing, but may be handwritten or typewritten.”
In re Est. of Shaffer, 2019-Ohio-234. · cites it 17דThe decedent’s will executed August 11, 1967, had already been admitted to probate on September 15, 2015, pursuant to R.C. 2107.03. At the hearing on appellant’s application the following evidence was admitted.”
In re L.M.W., 2020-Ohio-6856. “In general, a will shall be in writing, signed at the end by the testator, and “attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator’s signature.”
Est. of Tonsic, 235 N.E.2d 239 (Ohio Ct. App. 9th Dist. 1968). · cites it 4ד”) is clearly a testamentary disposition of personal property, nevertheless, the statute herein expressly exempts such a gift from the statute on wills, Section 2107.03, Revised Code. According to the plain wording of the statute, such a transaction is complete upon the…”
Black v. Watson, 2016-Ohio-1470. · cites it 6דBlack contended that the will should not be admitted because it: (1) failed to demonstrate that it was observed by two witnesses as required under R.C. 2107.03; and (2) was executed as a “direct result of undue influence” exercised by Watson over decedent.”
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