(A) A testator may file a complaint with the probate court to determine before the testator’s death that the testator’s will is a valid will subject only to subsequent revocation or modification of the will. The right to file a complaint for a determination of the validity of a testator’s will under this chapter, or to voluntarily dismiss a complaint once filed, is personal to the testator and may not be exercised by the testator’s guardian or an agent under the testator’s power of attorney.

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Terms Used In Ohio Code 5817.02

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Court: means the probate court of the county in which the complaint under section 5817. See Ohio Code 5817.01
  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Related trust: means a trust for which both of the following apply:

    (1) The testator is the settlor of the trust. See Ohio Code 5817.01

  • Testator: A male person who leaves a will at death.

(B) A testator who desires to obtain a validity determination as to the testator’s will shall file a complaint to determine the validity of both the will and any related trust.

(C) The failure of a testator to file a complaint for a judgment declaring the validity of a will shall not be construed as evidence or an admission that the will is not valid.

(D) A complaint for a determination of the validity of a testator’s will shall be accompanied by an express written waiver of the testator’s physician-patient privilege provided in division (B) of section 2317.02 of the Revised Code.

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