(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.
Apr 04, 2013
Active
Portage County
Portage County, OH
Section 2107.22 | Probate of will of later date.
1 page
PROBATE COURT OF DELAWARE COUNTY, OHIO DAVID A. HEIMANOWSKI, JUDGE eNO Loy é % YAN Po ype ANN VAN DYKE, DECEASED APPLICATION FOR HEARING ON PURPORTED WILL OF DECEDENT Now comes the Applicant of the Application To Probate Will and asks the Court to set a hearing on the purported Will of the Decedent due to the purported Will having only one witness, but containing a notarization. Therefore, pursuant to Section 2107.24 of the Ohio Revised Code, it is hereby requested that a hearing be held …
Sep 08, 2016
Closed
Delaware County, OH
Sep 08, 2016
(PES) ESTATE
1 page
IN THE COMMON PLEAS COURT OF DELAWARE COUNTY, OHIO PROBATE DIVISION DAVID A. HEJMANOWSKL, JUDGE = IN THE ESTATE OF = =O George Hall Case No. 2004 0366 PES a = MAGISTRATE’S ORDER eS (Hearing) bs Upon the Application to Probate Will filed April 2, 2020, the Court must schedule a hearing under R. C. section 2107.24 to determine if the Will offered for probate shall be treated as if it had been executed as a will in compliance with R.C. section 2107.03. It is therefore ORDERED that this…
Delaware County, OH
Apr 06, 2020
(PES) ESTATE
1 page
IN THE COMMON PLEAS COURT OF DELAWARE COUNTY, OHIO PROBATE DIVISION DAVID A. HEJMANOWSKL, JUDGE 3 IN THE ESTATE OF = =O George Hall Case No. 2004 0366 PES a = MAGISTRATE’S ORDER 2 (Hearing) S Upon the Application to Probate Will filed April 2, 2020, the Court must schedule a hearing under R. C. section 2107.24 to determine if the Will offered for probate shall be treated as if it had been executed as a will in compliance with R.C. section 2107.03. It is therefore ORDERED that this matter …
Delaware County, OH
Apr 06, 2020
(PES) ESTATE
1 page
IN THE COMMON PLEAS COURT OF DELAWARE COUNTY, OHIO PROBATE DIVISION DAVID A. HEJMANOWSKI, JUDGE IN THE ESTATE OF Jack Lee Beverage Case No. 2003 0352 PES 90-O1MY 1 NE ozo MAGISTRATE’S ORDER (Recommend Dismissal) Upon the Application to Probate Will filed March 27, 2020, the Court scheduled a hearing under R. C. section 2107.24 to determine if the Will offered for probate shall be treated as if it had been executed as a will in compliance with R:C. section 2107.03. The hearing was sche…
Delaware County, OH
Jul 14, 2020
(PES) ESTATE
1 page
IN THE COMMON PLEAS COURT OF DELAWARE COUNTY, OHIO PROBATE DIVISION DAVID A. HEJMANOWSKL, JUDGE = IN THE ESTATE OF = =O George Hall Case No. 2004 0366 PES a = MAGISTRATE’S ORDER eS (Hearing) bs Upon the Application to Probate Will filed April 2, 2020, the Court must schedule a hearing under R. C. section 2107.24 to determine if the Will offered for probate shall be treated as if it had been executed as a will in compliance with R.C. section 2107.03. It is therefore ORDERED that this…
Delaware County, OH
Apr 06, 2020
(PES) ESTATE
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