(A) If a document that is executed that purports to be a will is not executed in compliance with the requirements of section 2107.03 of the Revised Code, that document shall be treated as if it had been executed as a will in compliance with the requirements of that section if a probate court, after holding a hearing, finds that the proponent of the document as a purported will has established, by clear and convincing evidence, all of the following:
(1) The decedent prepared the document or caused the document to be prepared.
(2) The decedent signed the document and intended the document to constitute the decedent's will.
(3) The decedent signed the document under division (A)(2) of this section in the conscious presence of two or more witnesses. As used in division (A)(3) of this section, "conscious presence" means within the range of any of the witnesses' senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.
(B) If the probate court holds a hearing pursuant to division (A) of this section and finds that the proponent of the document as a purported will has established by clear and convincing evidence the requirements under divisions (A)(1), (2), and (3) of this section, the executor may file an action in the probate court to recover court costs and attorney's fees from the attorney, if any, responsible for the execution of the document.
Notes of Decisions
Cited in 11
cases (4 in the last 5 years), 1959–2025 · leading case: Est. of Hand, 2016-Ohio-7437.
Est. of Hand, 2016-Ohio-7437. · cites it 21דThe probate court further found that the purported will could not be admitted to probate under R.C. 2107.24 because while there was clear and convincing evidence Decedent prepared the Love Letter Will and signed it in the presence of Boon and Lester, there was no clear and…”
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6973, 159 N.E.3d 1190. · cites it 32ד03, which governs the formal requirements for the execution of a written will; R.C. 2107.24, which provides a process for admitting a purported will to probate despite its failure to fully adhere to those formal requirements; and R.”
In re Est. of Shaffer, 2019-Ohio-234. · cites it 38דThe judgment entry holding that 2 witnesses are required to sign a will, under R.C. 2107.24 – Treatment of document as will notwithstanding noncompliance with statute – is contrary to the law.”
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6672, 171 N.E.3d 272. · cites it 32ד03, which governs the formal requirements for the execution of a written will; R.C. 2107.24, which provides a process for admitting a purported will to probate despite its failure to fully adhere to those formal requirements; and R.”
Est. of Todd v. Flahive, 2021-Ohio-4419. · cites it 19דTodd, appeals the decision of the Morrow County Court of Common Pleas permitting appellees, Vernon Todd, II and Tammy Jo Love the opportunity to participate in the R.C. 2107.24 hearing to determine if the documents submitted by appellant comprised Vernon Todd’s will.”
Rogers v. Rogers, 2024-Ohio-5951, 261 N.E.3d 413. · cites it 18דAs support for this conclusion, the court relied on R.C. 2107.24. Contest Dec. at p. 31. In this regard, the court essentially found that, because it had already concluded that the will should be admitted under R.”
State Ex Rel. Cleveland Trust Co. v. Prob. Court, 165 N.E.2d 668 (Ohio Ct. App. 8th Dist. 1959). · cites it 4דhe judges of the Probate Court, on April 20, 1959; that upon the filing of such application, such relator filed in the Probate Court its motion to dismiss such application, objecting to the jurisdiction of the Probate Court to entertain the action to vacate probate, for the…”
Cook v. Sears, 222 N.E.2d 613 (Ohio Ct. App. 1967). · cites it 2ד” It is obvious from examination of the petition and the decedent’s will (which had been transmitted to the Common Pleas Court as provided in Section 2107.24, Revised Code) that the sole relation that these parties defendant as so named in the caption, by reference in the body…”
Lehmann v. Westhoeffer, 2021-Ohio-529. · cites it 3ד03, because Westhoefer had established the elements required by R.C. 2107.24, the will was admissible pursuant to R.”
In re Est. of Means v. Means, 2025-Ohio-2564. “See also In re Estate of Shaffer, 2020-Ohio-6973, at ¶ 13 (“The standards of R.C. 2107.24 provide a narrow exception to the formalities required in R.”
State ex rel. Cleveland Trust Co. v. Prob. Court, 82 Ohio Law. Abs. 291 (Ohio Ct. App. 8th Dist. 1959). “Judges of said court, on April 20, 1959; that upon the filing of said application, said relator filed in said Probate Court its motion to dismiss said application, objecting to the jurisdiction *293 of the said Probate Court to entertain said action to vacate probate for the…”
Ohio Rev. Code § 2107.24(A): 3 cases
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6973, 159 N.E.3d 1190. “03, which governs the formal requirements for the execution of a written will; R.C. 2107.24, which provides a process for admitting a purported will to probate despite its failure to fully adhere to those formal requirements; and R.”
In re Est. of Shaffer, 2019-Ohio-234. “The judgment entry holding that 2 witnesses are required to sign a will, under R.C. 2107.24 – Treatment of document as will notwithstanding noncompliance with statute – is contrary to the law.”
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6672, 171 N.E.3d 272. “03, which governs the formal requirements for the execution of a written will; R.C. 2107.24, which provides a process for admitting a purported will to probate despite its failure to fully adhere to those formal requirements; and R.”
Ohio Rev. Code § 2107.24(A)(1): 1 case
Est. of Hand, 2016-Ohio-7437. “The probate court further found that the purported will could not be admitted to probate under R.C. 2107.24 because while there was clear and convincing evidence Decedent prepared the Love Letter Will and signed it in the presence of Boon and Lester, there was no clear and…”
Ohio Rev. Code § 2107.24(A)(2): 3 cases
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6973, 159 N.E.3d 1190. “03, which governs the formal requirements for the execution of a written will; R.C. 2107.24, which provides a process for admitting a purported will to probate despite its failure to fully adhere to those formal requirements; and R.”
In re Est. of Shaffer, 2019-Ohio-234. “The judgment entry holding that 2 witnesses are required to sign a will, under R.C. 2107.24 – Treatment of document as will notwithstanding noncompliance with statute – is contrary to the law.”
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6672, 171 N.E.3d 272. “03, which governs the formal requirements for the execution of a written will; R.C. 2107.24, which provides a process for admitting a purported will to probate despite its failure to fully adhere to those formal requirements; and R.”
Ohio Rev. Code § 2107.24(B): 1 case
In re Est. of Shaffer, 2019-Ohio-234. “The judgment entry holding that 2 witnesses are required to sign a will, under R.C. 2107.24 – Treatment of document as will notwithstanding noncompliance with statute – is contrary to the law.”
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