Legal Question in Wills and Trusts in Ohio

Re: stolen mssing will

You can file with the probate court to open the estate without a will and, following that, write a letter to the court explaining what you know, then file that letter with the administration papers. If doing this is to a substantial advantage, I recommend hiring an attorney to help. Here's the law:

� 2107.26. Lost, spoliated, or destroyed wills may be admitted to probate.

When an original will is lost, spoliated, or destroyed before or after the death of a testator, the probate court shall admit the lost, spoliated, or destroyed will to probate if both of the following apply:

(A) The proponent of the will establishes by clear and convincing evidence both of the following:

(1) The will was executed with the formalities required at the time of execution by the jurisdiction in which it was executed.

(2) The contents of the will.

(B) No person opposing the admission of the will to probate establishes by a preponderance of the evidence that the testator had revoked the will