Ohio Revised Code

Ohio Rev. Code § 5817.02 (2026)

Action by testator

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(A) A testator may file a complaint with the probate court to determine before the testator's death that the testator's will is a valid will subject only to subsequent revocation or modification of the will. The right to file a complaint for a determination of the validity of a testator's will under this chapter, or to voluntarily dismiss a complaint once filed, is personal to the testator and may not be exercised by the testator's guardian or an agent under the testator's power of attorney.

(B) A testator who desires to obtain a validity determination as to the testator's will shall file a complaint to determine the validity of both the will and any related trust.

(C) The failure of a testator to file a complaint for a judgment declaring the validity of a will shall not be construed as evidence or an admission that the will is not valid.

(D) A complaint for a determination of the validity of a testator's will shall be accompanied by an express written waiver of the testator's physician-patient privilege provided in division (B) of section 2317.02 of the Revised Code.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: In the Matter of the Guardianship & Conservatoship of Vernon D. Radda, 955 N.W.2d 203 (Iowa 2021).
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In the Matter of the Guardianship & Conservatoship of Vernon D. Radda, 955 N.W.2d 203 (Iowa 2021). “) (same); Ohio Rev. Code Ann. § 5817.02 (A) (West, Westlaw current through 133rd Gen.”
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