(A) A person interested in a will or codicil admitted to probate in the probate court that has not been declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code may contest its validity by filing a complaint in the probate court in the county in which the will or codicil was admitted to probate.
(B) Except as otherwise provided in this division, no person may contest the validity of any will or codicil as to facts decided if it was submitted to a probate court by the testator during the testator's lifetime and declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code. A person may contest the validity of that will or codicil as to those facts if the person is one who should have been named a party defendant in the action in which the will or codicil was declared valid, pursuant to division (A) of section 5817.05 of the Revised Code, and if the person was not named a defendant and properly served in that action. Upon the filing of a complaint contesting the validity of a will or codicil that is authorized by this division, the court shall proceed with the action.
(C) No person may introduce, as evidence in an action authorized by this section contesting the validity of a will, the fact that the testator of the will did not file a complaint for a judgment declaring its validity under Chapter 5817. of the Revised Code.
Notes of Decisions
Cited in 46
cases (11 in the last 5 years), 1982–2025 · leading case: Krischbaum v. Dillon, 567 N.E.2d 1291 (Ohio 1991).
Krischbaum v. Dillon, 567 N.E.2d 1291 (Ohio 1991). · cites it 3ד72(A) provides: “The Rules of Civil Procedure govern all aspects of a will contest action, except as otherwise provided in sections 2107.71 to 2107.75 of the Revised Code.”
Palazzi v. Est. of Gardner, 512 N.E.2d 971 (Ohio 1987). · cites it 4ד” On April 29, 1985, he brought *171 the present action to contest the will pursuant to R.C. 2107.71, which provides: ‘ ‘(A) A person interested in a will or codicil admitted to probate in the probate court * * * may contest its validity by a civil action in the probate court in…”
My Father's House 1 v. McCardle, 2013 Ohio 420 (Ohio Ct. App. 2013). · cites it 6דR.C. 2107.71 permits “a person interested” in the will to challenge the will.”
Corron v. Corron, 531 N.E.2d 708 (Ohio 1988). · cites it 2דChapter 2741 [now R.C. 2107.71 et seq.], and that in such instance an action for a declaratory judgment under R.”
In re Est. of Taylor, 2024 Ohio 1496 (Ohio Ct. App. 2024). · cites it 8ד{¶ 12} In the second document, Michael challenged the will pursuant to R.C. 2107.71, contending it was fraudulent because the signature did not belong to Martha.”
In re Est. of Carte v. Bringardner, 2023 Ohio 4286 (Ohio Ct. App. 2023). · cites it 11ד2 {¶ 7} In the complaint, appellant alleged that he was a named beneficiary under a prior will and trust executed by Carte and Virginia in 2006 but was not a named beneficiary under the 2012 will and 2012 trust; accordingly, he had a direct pecuniary interest in Carte’s estate…”
In re Est. of Haynes, 495 N.E.2d 23 (Ohio 1986). “But if a dispute should arise during the course of the probate proceedings (for example, a will contest, itself a special statutory proceeding governed by R.C. 2107.71 to 2107.77) the procedure waxes adversary and the rules of evidence should apply.”
Stanek v. Stanek, 2019 Ohio 2841 (Ohio Ct. App. 2019). · cites it 3ד” “On the trial of any will contest under section 2107.71 of the Revised Code, the order of probate is prima-facie evidence of the attestation, execution, and validity of the will or codicil.”
Powell v. Williams, 2022 Ohio 526 (Ohio Ct. App. 2022). · cites it 2דConsequently, the court determined that because the appellants are not “interested persons” as required under R.C. 2107.71(A), they lacked standing to contest the decedent’s will.”
Vitantonio, Inc. v. Baxter, 116 Ohio St. 3d 195 (Ohio 2007). · cites it 2ד19 does not apply to actions under R.C. 2107.71. See R.C. 2107.76(B); 2006 Sub.”
Tomasik v. Tomasik, 857 N.E.2d 127 (Ohio 2006). · cites it 6ד19 of the Revised Code may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than four months after the filing of the certificate described in division (A)(3) of section 2107.”
Naple v. Bednarik, 2012 Ohio 5881 (Ohio Ct. App. 2012). · cites it 3ד{¶42} Moreover, the trial court's decision to dismiss the will contest complaint was supported by competent credible evidence, and therefore we affirm that judgment.”
Powell v. Williams, 2022 Ohio 526 (Ohio Ct. App. 2022). “Consequently, the court determined that because the appellants are not “interested persons” as required under R.C. 2107.71(A), they lacked standing to contest the decedent’s will.”
In re Est. of Carte v. Bringardner, 2023 Ohio 4286 (Ohio Ct. App. 2023). “2 {¶ 7} In the complaint, appellant alleged that he was a named beneficiary under a prior will and trust executed by Carte and Virginia in 2006 but was not a named beneficiary under the 2012 will and 2012 trust; accordingly, he had a direct pecuniary interest in Carte’s estate…”
My Father's House 1 v. McCardle, 2013 Ohio 420 (Ohio Ct. App. 2013). “R.C. 2107.71 permits “a person interested” in the will to challenge the will.”
Stanek v. Stanek, 2019 Ohio 2841 (Ohio Ct. App. 2019). “” “On the trial of any will contest under section 2107.71 of the Revised Code, the order of probate is prima-facie evidence of the attestation, execution, and validity of the will or codicil.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.