Will Litigation in Columbus
Contesting a Will or Resolving an Inheritance Dispute in Franklin County
When a loved one’s will doesn’t reflect what you believe were their true wishes, or when you’ve been unexpectedly cut out of an estate, you may have grounds to challenge the document in probate court. Will contests sit at the intersection of family conflict and formal litigation, and they move on strict legal deadlines. Our attorneys at Kemp, Schaeffer & Rowe handle both sides of that equation, drawing on decades of combined estate and family law experience in Columbus.
A will contest is a lawsuit filed in probate court challenging whether a will is legally valid. A family disagreement about fairness alone isn’t sufficient grounds; there must be a legally recognized defect in how the will was made or executed.
If you have questions about a will or inheritance dispute in Columbus, contact Kemp, Schaeffer & Rowe at (614) 665-5833 to schedule a free consultation before the filing deadline passes.
Why KSR Handles Will Contests Differently
Founded in 1977, Kemp, Schaeffer & Rowe has built its practice on the principles of service and integrity that guide every matter we take on. Our litigation team, including founding partner Steven D. Rowe, represents clients in disputes involving wills, trusts, and estates. Because we also maintain a full family law practice, clients facing a will contest with related family-law dimensions don’t need to find and educate separate counsel for each piece of the dispute.
Grounds for Challenging a Will in Ohio
Ohio probate courts recognize several distinct legal grounds for contesting a will’s validity, and which ground applies shapes the entire litigation strategy.
Lack of Testamentary Capacity
The testator must have understood the nature of making a will, the extent of their property, and who their natural beneficiaries are at the time of signing. Cognitive decline, dementia, or severe illness can give rise to a capacity challenge.
Undue Influence
This ground involves pressure or manipulation by a caregiver, family member, or other person in a position of trust that overrides the testator’s free will. It’s one of the most frequently litigated claims in will contests.
Fraud or Forgery
A will may be invalid if the testator’s signature was forged or if the testator was deceived about the nature of the document they signed.
Improper Execution
Under Ohio Revised Code Section 2107.03, a valid will must be in writing, signed by the testator, and witnessed by two competent witnesses. A will that doesn’t meet these requirements can be challenged on execution grounds.
Supersession by a Later Will
If the decedent executed a more recent, valid will, that document controls and the earlier one may be set aside.
Who Can File & Where
Under Ohio Revised Code Section 2107.71, only an interested party may contest a will. That includes named beneficiaries, heirs who would inherit under Ohio’s intestacy laws if no valid will existed, and the estate’s executor or administrator. A contest must be filed in the probate court of the county where the will was admitted to probate. For estates administered in Columbus, Dublin, Worthington, and elsewhere in Franklin County, that means the Franklin County Probate Court.
Five-Star Client Testimonials
In Their Own Words
At KSR Legal, we prioritize your experience, and it shows. Read some of our client reviews below, or call us at (614) 665-5833 to get started.
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"A Great Experience"
I was very pleased with Mr. Yarmesch, He stayed in contact with me, and returned my phone calls and emails promptly. Most importantly he negotiated a satisfactory outcome.
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"The Best Family Law Attorney!"
Matthew is very professional & knowledgeable. He has helped me in many ways with obtaining shared parenting with my child. He is very professional with time management of deadlines in all cases and really is a overall great attorney to hire for all fam
- Former Client -
"Fantastic Experience!"
Steve is great and willing to help in any way he can!! Suzette doesn't skip a beat, and keeps it all on track!!!
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"Highly Recommended!"
We couldn't be more thankful. Steven definitely made the process very easy and as stress-free as possible.
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"Top-Notch Service!"
KSR is amazing and they are my go-to lawyers!
- Don B.
Ohio’s Three-Month Filing Deadline
Will contests in Ohio are governed by one of the strictest filing windows in civil litigation. Ohio Revised Code Section 2107.76 requires a contest to be filed within three months after the certificate confirming that interested parties received or waived notice of the will’s admission to probate is filed with the court. Missing that deadline generally bars the contest permanently, regardless of what the will says or how it came to be signed. A person under a legal disability has three months after the disability is removed to file, but that exception doesn’t affect rights already vested in good-faith purchasers or fiduciaries.
Acting quickly isn’t just about the legal deadline. Witness recollections fade, and relevant medical records can become harder to obtain over time. The evidence you’ll need in court is often most accessible in the weeks immediately following a will’s admission to probate.
How a Will Contest Proceeds in Probate Court
A will contest begins with a civil complaint filed in probate court naming all necessary parties: everyone named in the will, heirs who would inherit under intestacy if the will is invalidated, and the executor or administrator.
At trial, the order admitting the will to probate is treated as prima facie evidence of its validity, meaning it’s legally sufficient proof until rebutted. The party contesting the will therefore carries the burden of proving invalidity by a preponderance of the evidence. Ohio law also gives either party the right to request a jury trial rather than having a judge decide the outcome.
One additional risk is worth understanding before filing. Many Ohio wills include a no-contest clause, sometimes called an in terrorem clause, which can strip an unsuccessful contestant of their inheritance. Ohio courts generally won’t enforce these clauses against a contestant who had probable cause to sue, but the risk warrants careful evaluation of the strength of your grounds before proceeding.
Start with a Free Consultation
Will contest deadlines run quickly, and the right strategy depends on facts specific to your family’s situation. Kemp, Schaeffer & Rowe offers free consultations so you can understand your options before committing to any course of action.
Call Kemp, Schaeffer & Rowe at (614) 665-5833 to speak with a Columbus will litigation attorney and find out whether you may have grounds to act.
