What If the Original Will Cannot Be Found?

June 1st, 2026

We increasingly live in a world of e-signatures, digital contracts, and records stored in the cloud. Buying a home, opening a brokerage account, or signing a lease can all be done electronically. This shift has been so seamless and convenient that many people naturally assume the same rules apply to legal documents. While that may be true in some cases, it does not apply to a Last Will and Testament.

A Will is one of the last paper-dependent legal documents. You can scan it, email it, and save a copy to the cloud, but when the time comes to open an estate in probate court, only the original document, signed by the testator and two witnesses, will do.

The Probate Court Only Accepts Original Documents

When it comes time to probate a Will, the court will only accept the signed original, signed by two witnesses. If you try to submit a copy, the court will likely reject the Will and proceed as if no Will ever existed.

In Cases of a Lost Will, Courts Expect an Exhaustive Search

When a loved one passes away, one of the most important items you will need to address is locating the original Will. If the original Will cannot be located, the court… Read More

Probate vs. Non-Probate Assets in Ohio

March 27th, 2026

Transferring property after someone dies can be a complicated and time-consuming process. Many people mistakenly believe that a Will is sufficient to transfer their assets. However, this is not always the most effective strategy. Understanding which assets are subject to probate court jurisdiction and which ones are exempt can help you prepare your estate plan, avoid probate, minimize tax liability, and simplify the asset transfer process for your loved ones.

What Is Probate?

Probate is the legal procedure of transferring assets from a deceased person to the individuals who are legally entitled to receive their assets. In Ohio, this process is overseen by the probate court. The probate court validates the deceased person’s Will (if they had one), appoints an estate executor or administrator, and supervises the payment of debts and taxes and the distribution of the deceased person’s assets. However, not all assets are subject to probate court jurisdiction.

What Assets Are Subject to Probate Court Jurisdiction?

In Ohio, the probate court has ju… Read More

How to Handle an Out-of-State Inheritance in Ohio

January 27th, 2026

Receiving an inheritance can be an overwhelming and emotional experience. It can also raise unexpected legal complexities. This is especially true if the inheritance crosses state lines. However, with proper guidance and an understanding of the legal issues involved, you can successfully navigate an out-of-state inheritance while protecting your interests and honoring your loved one’s wishes.

When you inherit assets, property, or financial accounts from someone who lives in another state, you must address two sets of state laws: those that govern the asset or property in the state where your deceased relative lived, and those that govern inheritance in your home state. This dual jurisdiction can present complex legal challenges, including an unfamiliar probate process and the need to manage real estate in another jurisdiction. Understanding your legal rights, duties, and obligations is essential to avoiding costly mistakes and unnecessary delays. The Ohio probate team at Gudorf Law Group, LLC, can provide legal advice and guidance to help you successfully navigate these issues.

Understanding Ohi… Read More