Ward, AR asked in Probate for Ohio

Q: What can a family member do to get a Will probated when another family member insists there isn’t one?

The son has the Will but is insisting there isn’t one because he doesn’t want one of his sister’s to receive anything. This sister has a copy of the will and names the son the executor with all remaining assets from estate, once everything has been paid to be divided equally amongst the 3 adult children. He is trying to avoid probating the estate with not filing. How can he do this?

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2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Probate Lawyer
  • Crossville, TN

A: First, hire a probate attorney in the vicinity of where the decedent had lived. The attorney can help you petition the court to order the person holding the will to turn it over to the court. The attorney might start by sending that person a stern letter explaining to him the consequences of his failure to do so.

Nicholas P. Weiss agrees with this answer

1 user found this answer helpful

Mary Ellen Leslie Esq.
PREMIUM
Mary Ellen Leslie Esq.
Answered
  • Probate Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: I would suggest presenting the copy of the will to be admitted, with an explanation for why the copy is being presented. The individual with possession of the original would then have to present it for admission, or not object to the admission of the copy. On the other hand, a probate attorney would be able to advise on probating the estate without the will - intestate succession may divide the assets equally among the three siblings anyway, if there is no spouse.

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