What Happens If a New Will Is Found After Probate in Ohio?

Can a Later Will Replace One Already Probated in Ohio?

Probate aims to settle a person’s estate, but surprises can occur. One of the biggest surprises? Finding a new will after probate has already begun or even finished. In Ohio, this discovery can trigger a complex legal process.

Let’s explain the law, court handling, and steps if you face this. When someone dies in Ohio, their will must go to probate court. The court appoints an executor to gather assets, pay debts, and distribute the estate per the will. After the final account, the estate closes and the case settles.

But probate doesn’t always mean “the end.” If a will surfaces, Ohio law provides a process to correct the course, even if the estate has already moved forward.

A Later Will Appears

It’s more common than you might think for families to find another version of a will after probate begins. Perhaps the decedent quietly updated their estate plan and stored the document in a safe deposit box, or an attorney’s office sent notice of a later draft.

Under Ohio Revised Code § 2107.22, the probate court can admit a later-dated will even if an earlier one has already been probated. Once the new will is accepted, it essentially replaces the old one. The earlier probate order is revoked, and the estate must follow the updated terms.

Lost, Misplaced, or Destroyed Wills

Sometimes the “new” will isn’t new at all; it was lost, misplaced, or even destroyed. Ohio law covers this, too.

• ORC § 2107.26 allows a lost or destroyed will to be admitted if the proponent can prove, with clear and convincing evidence, that it was properly executed and what its contents were. It must also be shown that the testator didn’t intentionally revoke it.
• ORC § 2107.27 requires notice to all interested parties, heirs, beneficiaries under both the old and new wills, and the surviving spouse, so everyone has a fair chance to weigh in. Witness testimony is usually required to establish validity.

The Three-Month Rule

Ohio law sets a tight timeline for challenging a probated will. Under ORC § 2107.76, anyone who wants to contest a will typically has just three months after receiving notice of probate to act.

If a new will is discovered during this window, it should be filed immediately. If it’s found after the three months have passed, things get trickier. Courts may still consider the later will if there’s a compelling reason it wasn’t presented earlier, but they are cautious about reopening estates, especially if assets have already been distributed.

If you discover a new will, it is advisable to act promptly. Delaying action may prevent the court from admitting it altogether.

What the Court Does with a New Will

When a later will is admitted, the probate court basically hits the “reset” button. The estate may be reopened, a new executor appointed, and distributions adjusted to follow the new document.

If the estate is still open, the process pivots. If it’s already closed, beneficiaries may need to return assets they received under the wrong will. This can create practical and emotional challenges, especially if property has been sold or money spent, but the court’s priority is honoring the decedent’s true last wishes.

Practical Guidance for Executors and Families

If you find a new will after probate has begun, here’s what you should do:

1. Reach out to an Ohio probate attorney immediately. The deadlines are tight, and the legal standards are strict.
2. Secure the document and keep the original safe. If it’s a copy, collect evidence to prove its authenticity.
3. Notify the court as soon as possible. Executors are required to present the new will to the court. Beneficiaries or heirs who find it should also file a petition with the court.
4. Prepare for potential disputes. Beneficiaries who might lose out under the new will may contest it. Gathering testimony, documentation, and careful legal planning is vital.

Closing Thoughts

Discovering a new will after probate in Ohio can completely change the course of an estate. Courts have procedures to admit later wills, but timing, proof, and process are critical. If you’re facing this situation, you don’t have to navigate it alone.

At Heban, Murphree & Lewandowski, LLC, our probate attorneys have guided countless families through the complexities of will contests and later-discovered wills. We understand Ohio’s statutes, including ORC §§ 2107.22, 2107.26, and 2107.27, and we know how to act quickly to protect your rights.

Contact us to schedule a consultation. We’ll help you understand your options, safeguard your interests, and ensure your loved one’s true wishes are respected.