MDS Law | Law Office of Matthew D. Scott | Estates | Trusts | Elder Law
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How A Marietta Attorney Can Guide Your Will

Last updated on April 7, 2026

Wills are essential parts of a comprehensive estate plan. They are tools that can distribute your assets to heirs and determine who administers your estate and controls your estate.

While many estate plans include a will, it is not a requirement. However, without a will, Ohio inheritance laws will step in and decide how your estate is divided. At MDSLaw Ohio, we will carefully review your assets, goals and needs to help determine how best to set up your estate plan in order to achieve your objectives. As experienced Marietta will lawyers, we understand the nuances of Ohio estate law and can help you create a document that truly reflects your wishes.

Protecting Your Estate And Loved Ones Through A Will

Through a will, you can decide who will inherit your assets after your passing and name an executor to represent you in the administration of your estate. With a will, you can also identify guardians for your minor children.

However, wills must go through the probate process, which can be lengthy and involves settling your estate and fulfilling wishes you made in your will. Without a will, the court will step in during probate to decide who inherits your assets. The court’s decision may not be what you wished for, so it is vital to leave the appropriate instructions and designations to meet your wishes. Although wills primarily take effect after an individual passes away, they can also be utilized if the person cannot make independent decisions.

What Makes A Will Valid In Ohio?

Ohio has specific legal requirements that determine whether your will is valid. Understanding these rules will help you make sure that your estate plan stands up in court and your wishes get carried out after you pass away.
For a state law to consider your will as valid, it must meet these standards:
  • You must be at least 18 years old.
  • Two witnesses must watch you sign your will and then sign it themselves.
  • Your witnesses cannot benefit from your will or be related to anyone who benefits.
  • You must have “a sound mind and memory” when signing the document, which means you understand what creating a will means and its consequences.
  • You know the nature and extent of your property and relationships.
  • You must sign your will at the end of the document.
  • The document must exist in physical form, whether handwritten or typed and printed, as digital-only copies are considered invalid.
Unlike some states, Ohio does not require you to notarize your will for it to be valid. Your signature, along with those of your two witnesses, fulfill the legal requirements. However, adding a self-proving affidavit with notarization can simplify the probate process later, as your witnesses will not need to testify in court about your will’s authenticity.
When the court does not recognize your will as valid, Ohio’s intestacy laws take over. These laws decide who inherits your property based on your family relationships, not your personal wishes. Your spouse and children receive priority, but the state determines the exact amounts. If you have no spouse or children, your parents or siblings may inherit instead. This process often creates outcomes you never intended and can leave some loved ones with nothing while giving assets to relatives you rarely see.

When And How To Update A Will

Creating a will is an important step, but it should not be treated as a one-time task. Life changes, and your estate plan should evolve along with your circumstances. In Ohio, a will remains effective until it is properly updated or revoked, even if it no longer reflects your current wishes. Reviewing your will periodically helps reduce the risk of disputes and unintended outcomes during probate.

There are several common life events that often prompt updates to a will. These include marriage or divorce, the birth or adoption of children or grandchildren, the death of a beneficiary or executor, significant changes in assets or relocation to a different state. Changes in Ohio law may also affect how your estate is administered, making a review worthwhile even without major personal events.

Ohio law provides specific methods for changing or revoking a will. A will may be updated by executing a new will that expressly revokes prior versions or by adding a properly drafted codicil. A codicil is a legal amendment that modifies specific provisions while leaving the rest of the will intact. Like a will, a codicil must comply with Ohio’s execution requirements, including proper signing and witnessing, to be valid.

Revocation can also occur through physical acts, such as intentionally destroying the original will with the intent to revoke it. However, this method can create uncertainty, especially if copies exist or the intent is later questioned. Because of these risks, drafting a new will is often the clearer and more reliable option.

It is important to note that informal changes, handwritten notes or verbal instructions do not alter a will under Ohio law. Likewise, simply crossing out sections or adding notes without proper execution can invalidate parts of the document or cause confusion during probate.

Updating your will at the right time and in the correct manner protects your legacy and reduces the burden on loved ones who will one day rely on those instructions. Consulting with a Marietta will attorney whenever significant life changes occur ensures your estate plan remains current and legally sound.

Finding The Best Solution For You

Wills are essential aspects of every estate plan that you should not overlook. It is never too early or too late to think about your future and the future of your loved ones. We can help you make decisions today that will take the pressure off of your loved ones in the future. Contact us today to schedule a free consultation by calling us at 740-923-4235 or completing our online contact form.