Ohio Code 2107.26 – Lost, spoliated, or destroyed wills may be admitted to probate
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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:
Terms Used In Ohio Code 2107.26
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
(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.