Creating a will is one of the most important steps you can take to protect your family and ensure your wishes are honored after your passing. However, not all wills are created equal, and in Ohio, certain legal requirements must be met for your will to be valid. Unfortunately, with the rise of DIY estate planning tools and templates, many people unknowingly create wills that are incomplete, improperly executed, or invalid under Ohio law—leaving their loved ones vulnerable to unnecessary stress and conflict.

In this blog, we’ll walk you through the basic requirements for a valid Ohio will, common pitfalls of DIY wills, and why working with an experienced estate planning attorney is the best way to safeguard your family’s future.

What Makes a Will Valid in Ohio?

To create a valid will in Ohio, you must meet these legal requirements:

1. You Must Be of Sound Mind and at Least 18 Years Old
   Ohio law requires that you are mentally competent and at least 18 years old to create a valid will.
2. Your Will Must Be in Writing
   Verbal (oral) wills are generally not recognized in Ohio. A handwritten or typed document is required.
3. You Must Sign the Will
   The will must be signed by the testator (the person making the will) to be valid. If the testator cannot physically sign, they may direct someone to sign on their behalf in their presence.
4. It Must Be Witnessed by Two Competent Adults
   Two witnesses who are not beneficiaries of the will must watch you sign your will and then sign it themselves. These witnesses verify that you were of sound mind and not under duress when creating the document.
5. Optional: Self-Proving Affidavit
   Adding a self-proving affidavit signed in the presence of a notary can make the probate process smoother by proving the will’s authenticity.

The Dangers of DIY Wills

While online templates and DIY will kits may seem like a convenient and affordable option, they come with significant risks. Here are some common pitfalls:

1. Failing to Meet Ohio’s Legal Requirements

DIY tools often provide generic templates that don’t account for Ohio’s specific laws, such as the need for two witnesses. A will that fails to meet these requirements may be deemed invalid.

2. Incomplete or Ambiguous Provisions

Without proper legal guidance, DIY wills can include vague or contradictory language, leading to confusion or disputes among your heirs.

3. Overlooking Complex Situations

Blended families, minor children, or unique assets (like small businesses or family heirlooms) require tailored provisions that generic templates can’t address.

4. Lack of Updates

Life changes such as marriage, divorce, the birth of children, or acquiring new assets can render your DIY will outdated. Many people don’t realize the importance of regularly reviewing and updating their estate plan.

5. Probate Complications

An improperly formed will can lead to delays, legal challenges, or even a complete invalidation in probate court, leaving your estate to be distributed according to Ohio’s intestacy laws rather than your wishes.

The Real-Life Consequences of an Improper Will

Imagine this scenario:
A father of two creates a DIY will to save money, leaving his estate equally to his children. However, he forgets to name an executor and doesn’t include provisions for his minor children’s inheritance. After his passing, the will is contested due to ambiguous language, and the family faces months of court battles and thousands of dollars in legal fees—all because the will wasn’t properly prepared.

This situation is all too common and highlights the importance of having a professionally drafted will.

Why You Should Work with an Estate Planning Attorney

Hiring an attorney to create your will may seem like an added expense, but the peace of mind and protection it provides are invaluable. Here’s why:

1. Tailored to Your Needs
   An attorney can customize your will to fit your unique situation, ensuring that your wishes are clear and legally enforceable.
2. Avoid Common Pitfalls
   Attorneys understand Ohio’s legal requirements and can prevent mistakes that could render your will invalid.
3. Comprehensive Planning
   Your will is just one part of a complete estate plan. An attorney can help you create other essential documents, such as a healthcare power of attorney or a trust, to protect you during your lifetime and beyond.
4. Updates and Revisions
   Life changes, and so should your estate plan. An attorney will work with you to ensure your plan stays up to date.

The Benefits of Planning Ahead

By working with an estate planning attorney, you’ll gain:

• Control: Ensure your assets are distributed exactly how you want.
• Clarity: Prevent family disputes with clear, unambiguous instructions.
• Privacy: Keep sensitive details private by avoiding unnecessary probate complications.
• Ease: Simplify the process for your loved ones during a difficult time.

Take the First Step Toward Peace of Mind

At Ohio Heritage Law, we specialize in creating wills and comprehensive estate plans that meet Ohio’s legal requirements and give you confidence that your family is protected.

Don’t leave your legacy to chance with a DIY document. Let’s create a plan that’s tailored to your needs, values, and goals.

Call us at (330) 571-4151 or email info@ohioheritagelaw.com to schedule a free, no-obligation consultation and discuss your estate planning needs.

Your family deserves the security and peace of mind that comes with a professionally prepared will.

The information provided on this website is for general informational purposes only and does not constitute legal advice. Visiting this website or contacting Ohio Heritage Law LLC through this website does not create an attorney-client relationship. You should not act or rely on any information provided without seeking professional legal advice tailored to your specific situation.  Ohio Heritage Law LLC does not accept representation of clients without a formal client engagement agreement. Please do not send any confidential information to Ohio Heritage Law LLC until an attorney-client relationship has been established.