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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55598
Experience:  29 years of experience practicing law, including tax and estate planning.
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I have my father last will which he signed in front of three

Customer Question

I have my father last will which he signed in front of three witnesses. I now have been told it needed to be notarized also in order for it to be sent to probate. I noticed that his will prior which was completed in Ohio only had three witnesses and it was done by attorney. I am really confused. Please tell me what to do next.
JA: OK. The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: yes.
JA: What advice did they give you?
Customer: That I should of got it notarized.
JA: Is there anything else the Estate Lawyer should be aware of?
Customer: I just needed to get the three children on the deed to his mobile home. That was the request from our parents who are now deceased.
JA: Our top Estate Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Estate Lawyer in on everything we've discussed. You can go back and forth with the Estate Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good morning Virginia. My name is ***** ***** I look forward to helping you.

Here is the specific Ohio statute regarding the requirements for a will:

"2107.03 Method of making will.

Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction . The will shall be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator's signature.

For purposes of this section, "conscious presence" means within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication."

As you can see, there is no legal requirement that the will be notarized; only witnessed. :)

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