Contesting a Will in Ohio: What You Need to Know
Contesting a will in Ohio is not as simple as pointing out something that feels unfair. The probate court looks for evidence, not assumptions, which is why the first step is understanding whether your concerns fit one of the three legal grounds for challenging a will. As Attorney Nicholas Weiss explains, once you know how Ohio handles execution errors, lack of testamentary capacity, and undue influence, you can make informed decisions about whether a will contest is worth pursuing and what the process will require.
Keep reading for a clear breakdown of how will contests work in Ohio or watch the video below, where Attorney Weiss walks through the realities of probate litigation and what you can expect at each stage.
Grounds for Contesting a Will
Ohio law recognizes only a few valid reasons to challenge a will. These are the three the probate court will look for.
1. Improper Execution
Ohio law requires a will to be:
In writing
Signed by the testator
Witnessed by two competent witnesses who are present together
If these requirements are not met, the will may be invalid. Common problems include witnesses who were not actually present at the same time, a failure to properly acknowledge the will, or other technical defects in the signing process.
2. Lack of Testamentary Capacity
A person signing a will must understand:
What they are doing
The general nature of their property
Their relationship to beneficiaries
How the will distributes their property
Capacity does not require perfect memory or an absence of medical conditions. A person can struggle with daily tasks and still have testamentary capacity. Medical records, timing, and witness observations become important when capacity is questioned.
3. Undue Influence
Undue influence occurs when someone applies pressure or control that overpowers the testator’s free will. This is the most difficult ground to prove because it often happens behind closed doors.
Evidence might include:
Sudden changes in the will that benefit a specific person
Isolation of the testator
Financial dependence or manipulation
Witness testimony about pressure or threats
Before You File: What a No‑Contest Clause Could Mean for Your Case
Before moving forward with a will contest, it is important to understand how no‑contest clauses work, also called in terrorem clauses. Many Ohio wills include this provision, which says that if a beneficiary challenges the will and does not succeed, they may lose whatever inheritance the will provided.
Ohio courts typically enforce these clauses, but only when the person contesting the will lacks probable cause. If you have legitimate evidence suggesting improper execution, lack of capacity, or undue influence, the court may allow the contest to proceed without enforcing the penalty. However, if your claim is speculative or unsupported, you risk forfeiting your share.
Because these clauses can significantly raise the stakes, discussing your concerns with a probate attorney before filing is essential. Your attorney can evaluate your evidence, assess the legal risks, and help determine whether a contest is worth pursuing.
The Will Contest Process in Ohio
Once you establish that a legal ground may be present, the next step is understanding how a will contest unfolds in probate court, starting with the initial consultation.
1. Initial Consultation
Will contests are not do‑it‑yourself matters. The burden of proof is on the person challenging the will, and many wills contain a no‑contest clause that can put your inheritance at risk if your challenge fails. During the consultation, we evaluate your evidence, explain the risks, and determine whether a contest is legally viable.
2. Filing the Petition
If the case moves forward, your attorney files a petition in probate court outlining why the will should be set aside. The opposing party can respond with objections, including attempts to enforce a no‑contest clause if one exists.
3. Discovery
The discovery stage allows both sides to collect evidence. This may include:
Subpoenaed medical records
Emails or letters
Financial documents
Depositions of witnesses, doctors, or family members
Written interrogatories
Discovery is often extensive because proving influence, capacity, or execution errors requires detailed documentation.
4. Mediation
Probate courts often require parties to attempt mediation before trial. Mediation can resolve disputes without a full trial and may allow creative settlements. Sometimes the will is upheld, but distributions are restructured. Sometimes the parties agree to invalidate the will entirely.
5. Trial
If mediation is unsuccessful, the case goes to trial. Both sides present witnesses, experts, and documentary evidence. The judge decides whether the will is valid. Appeals may be possible depending on the case.
Conclusion
Contesting a will in Ohio requires a clear understanding of the legal standards, the evidence required, and the risks involved. If you believe a will was signed improperly, created under pressure, or executed by someone who lacked capacity, speaking with an experienced probate attorney is an important first step.
If you need guidance on this issue or want to explore your legal options, our team is here to help. Contact our office to schedule a paid consultation with an experienced attorney.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning & administration.
Nick is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This article and the accompanying video are provided for informational purposes only and are intended as general guidelines. Nothing in this content creates an attorney-client relationship or constitutes legal advice on which you should rely without consulting your own retained attorney. If you have questions about your specific legal situation, please contact a licensed Ohio attorney for personalized guidance.
