Legal Question in Wills and Trusts in Ohio

Re: How to find out if my father had a WILL in OHIO?

You have my condolences on the loss of your father.

In Ohio, a Last Will & Testament is not "recorded," but it may be placed "on deposit" with the Probate Court for safekeeping. There is no requirement that a will be placed on deposit, and the practice varies from one attorney to another, as well as from case to case depending on a client's wishes.

If you are unable to locate your father's will by contacting the county Probate Court where he once resided, you might also check adjacent counties.

If this fails, then trying to identify the attorney or firm that may have prepared the will could be your best bet. If you are not privy to your father's important papers, this can be very difficult.

You might try to locate any other legal documents which might have been prepared for your father; you may find an attorney referenced on those documents. Documents to watch for would be General Durable Powers of Attorney, Health Care Powers of Attorney, Living Will Declarations, Deeds, or Living Trusts. Except for the Living Trust, in Ohio the above-named documents are frequently recorded and thus copies of them can be located in the records of the particular County Recorder's Office.

Also, if an original will cannot be located, maybe a copy or notes regarding the provisions of the will can be located with a family member or close friend.

When all else fails, Ohio has a procedure for admitting a lost will, which requires a hearing and that the proponent of the lost will establish certain criteria with evidence and/or testimony. You would need to contact a Michigan attorney to find out if such a procedure exists there.

I wish you luck in resolving your situation.

Re: How to find out if my father had a WILL in OHIO?

Generally under Ohio law wills are not recorded with the probate court. Ocassionally some wills are recorded before death so I would check with the probate court in the county where he lived in Ohio.

If you do not find anything there then I would go through your father's records to see if you can determine the name of an attorney he used. If he lived in a small town or rural area you could call local attorneys to check their records.

Good luck.