When an original will is lost, spoliated, or destroyed before or after the death of a testator, the probate court shall admit the lost, spoliated, or destroyed will to probate if both of the following apply:
(A) The proponent of the will establishes by clear and convincing evidence both of the following:
(1) The will was executed with the formalities required at the time of execution by the jurisdiction in which it was executed.
(2) The contents of the will.
(B) No person opposing the admission of the will to probate establishes by a preponderance of the evidence that the testator had revoked the will.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1969–2025 · leading case: Sheridan v. Harbison, 655 N.E.2d 256 (Ohio Ct. App. 1995).
Sheridan v. Harbison, 655 N.E.2d 256 (Ohio Ct. App. 1995). · cites it 6דAs a result, Sheridan can admit that will to probate only by meeting the requirements of the statute governing the admission of lost, spoliated, and destroyed wills — R.C. 2107.26. Unfortunately, R.C. 2107.26 clearly limits the circumstances under which a lost or destroyed will…”
In re Est. of Haynes, 495 N.E.2d 23 (Ohio 1986). “The controlling statute is R.C. 2107.26, which provides: “When an original will is lost, spoliated, or destroyed subsequent to the death of a testator, or before the death of such testator if the testator’s lack of knowledge of such loss, spoliation, or destruction can be proved…”
In re Est. of Cornetet, 2010 Ohio 4874 (Ohio Ct. App. 2010). · cites it 4דAppellee, Doris Sears, presented the lost will to the trial court pursuant to R.C. 2107.26, and the trial court found that the lost will met the statutory requirements.”
In re Est. of Joseph, 2025 Ohio 858 (Ohio Ct. App. 2025). · cites it 2ד{¶14} Rather, admitting a lost will to probate is governed by R.C. 2107.26. A probate court “shall admit” a lost will to probate if (1) the proponent of the lost will establishes, by clear and convincing evidence, the contents of the will and that the lost “will was executed…”
Carr v. Howard, 246 N.E.2d 563 (Ohio Ct. App. 1969). · cites it 2דIn the dictum referred to, the court pointed out the obvious fact that if the decedent did not know of the loss of her will before her death there could be no presumption of revocation.”
Mattax v. Moore, 595 N.E.2d 969 (Ohio Ct. App. 1991). “In making his argument, appellant relies on R.C. 2107.26, which provides: *650 “When an original will is lost, spoliated, or destroyed subsequent to the death of a testator, or before the death of such testator if the testator’s lack of knowledge of such loss, spoliation, or…”
Gockel v. Eble, 648 N.E.2d 539 (Ohio Ct. App. 1994). · cites it 7ד4 R.C. 2107.26 states in relevant part as follows: ■ “When an original will is * * * destroyed subsequent to the death of a testator * * * and such will cannot be produced in the probate court in as complete a manner as the originals of last wills and testaments * * *, the court…”
Rogers v. Rogers, 2024 Ohio 5951 (Ohio Ct. App. 2024). · cites it 10ד{¶ 18} Concerning lost wills, R.C. 2107.26 provides as follows: When an original will is lost, spoliated, or destroyed before or after the death of a testator, the probate court shall admit the lost, spoliated, or destroyed will to probate if both of the following apply: (A) The…”
In re Est. of Titus, 2025 Ohio 4798 (Ohio Ct. App. 2025). “The Trial Court’s Decision to Admit the Will to Probate Is Not a Final and Appealable Order {¶5} Jennifer Titus argues here that the probate court’s decision to admit a copy of the will signed by her late husband runs counter to R.C. 2107.26. That statutory provision spells out…”
— Ohio Rev. Code § 2107.26(A) — 2 cases
In re Est. of Joseph, 2025 Ohio 858 (Ohio Ct. App. 2025). “{¶14} Rather, admitting a lost will to probate is governed by R.C. 2107.26. A probate court “shall admit” a lost will to probate if (1) the proponent of the lost will establishes, by clear and convincing evidence, the contents of the will and that the lost “will was executed…”
Rogers v. Rogers, 2024 Ohio 5951 (Ohio Ct. App. 2024). “{¶ 18} Concerning lost wills, R.C. 2107.26 provides as follows: When an original will is lost, spoliated, or destroyed before or after the death of a testator, the probate court shall admit the lost, spoliated, or destroyed will to probate if both of the following apply: (A) The…”
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