Erie County Probate Court

Will Contests

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The validity of a will may be contested through a procedure authorized by R.C. Section 2107.71, et seq. This statutory scheme is the only permissible method of setting aside a last will and testament and no other procedure will be allowed. The statute specifically provides for a civil action to be brought in the county in which the will was admitted to probate.

A will contest action may be brought to challenge a will or codicil admitted to probate, so long as it was not declared valid upon being submitted by the maker during his or her lifetime and thereafter retained by the judge in the judge’s possession.

An action to contest a will must be brought within three months after the filing of the certificate required by R.C. Sec. 2107.19 (stating that the appropriate persons have received notice that a will was admitted to probate).