Do I need a will?
A properly drawn will assures you that, upon your death, your probate property will be distributed as you intended. It is important that you review your will periodically with your attorney in order to keep it up to date. A will is also the mechanism for choosing the executor and commonly provides for the nomination of a guardian where there are minor children. A will also can dispense with the requirement of a surety bond, which an administrator might otherwise have to pay.

Wills must be filed in the probate court upon death. The law provides penalties for the withholding or destruction of a will.

If you do not make a will, your property will be distributed according to the Ohio Statute of Descent and Distribution.


These FAQs are © 9.30.2010 Ohio State Bar Association.  All rights reserved.  Used with permission.

Funding from the Ohio State Bar Foundation


Please note: 

The Ohio State Bar Association periodically updates LawFacts pamphlets.  For updated or additional information, please visit www.ohiobar.org, click on “Public Resources” and then“LawFacts Pamphlets.”


The information contained in this pamphlet is general and should not be applied to specific legal problems without first consulting your own attorney.  This is one of a series of LawFacts public information pamphlets.  Others may be obtained through your attorney’s office, by writing the Ohio State Bar Association or through www.ohiobar.org


For more information on the probate process, please contact Swartz Law Office, LLC, or the Ohio State Bar Association at:


Ohio State Bar Association
P.O. Box 16562
Columbus, OH  43216-6562
(800) 282-6556 or (614) 487-2050