(A) When offered for probate, a will may be admitted to probate and allowed upon such proof as would be satisfactory, and in like manner as if an absent or incompetent witness were dead:
(1) If it appears to the probate court that a witness to such will has gone to parts unknown;
(2) If the witness was competent at the time of attesting its execution and afterward became incompetent;
(3) If testimony of a witness cannot be obtained within a reasonable time.
(B) When offered for probate, a will shall be admitted to probate and allowed when there has been a prior judgment by a court declaring that the will is valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, if the will has not been revoked .
Amended by 132nd General Assembly File No. TBD, HB 595, §1, eff. 3/22/2019.
Effective Date: 01-01-1979 .
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