Many people are concerned when they make a last will and testament that their wishes remain private. Generally, only you and your attorney -- as well as persons you authorize to view its contents -- will ever see the will prior to your death. After your death, however, your will generally becomes public record when it is recorded or filed for probate in an Ohio probate court.
Prior to Death
You may choose to place your original will in a safe deposit box for safekeeping, with only your designated executor allowed access to retrieve the will upon your death. Ohio also allows you to deposit your will with your local probate court for safekeeping. The will is not viewable by the public while it it deposited with the court, and only you may withdraw the will while you are alive. Upon deposit, you will designate on the will’s wrapper the name of the person to whom the court may deliver it after your death.
Presenting the Will
The executor named in your will should present the will, along with the required petitions and other documentation, to the probate court to begin probate proceedings after your death. Once the will is admitted to probate, the public may view its contents along with any court orders and other filed court documentation.
Parties in Interest
Once probated, your will may convey any real property you owned prior to your death. Therefore, it is often necessary for a title examiner to view the will’s contents to determine the disposition of your real estate in order for a title company to insure any related transaction such as a sale of the property. Also, any heirs, whether or not they were devised property under the will, have the right to view its contents as they have a direct interest in the probate proceedings.
Some people choose to establish a revocable or irrevocable trust prior to their death. Their will may merely state that all of their property is devised to their pre-established trust. The contents of a trust agreement are generally not public record; therefore, this method of estate planning may prevent the disposition of estate property from being known by the general public.
- New York Life: Overview of the Probate Process
- Hamilton County Probate Court: Frequently Asked Questions About Will Deposit
- Lawriter, Ohio Laws and Rules: Chapter 2107: Wills
- LandAmerica, SingleSource: The Vesting of Titles to Real Property Upon Death
- Ohio State University: Wills, Trusts, Powers of Attorney, and Related Information
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