About Election of Surviving Spouse to Take Under Will
A form in which a decedent's surviving spouse states an election to take under the decedent's will.
When you'd use it: Used by a surviving spouse who chooses to take under the decedent's will in an Ohio estate, as described by the form's own text.
Where to get the official form
The official version of Election of Surviving Spouse to Take Under Will is published as a PDF by the Ohio courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Verified official PDF
Download Election of Surviving Spouse to Take Under Will (PDF) →
Source: supremecourt.ohio.gov
Link last checked: November 5, 2026
How to file Election of Surviving Spouse to Take Under Will in Ohio
- Step 1 — Confirm you have the correct formUse Election of Surviving Spouse to Take Under Will (Form 8.1) when used by a surviving spouse who chooses to take under the decedent's will in an Ohio estate, as described by the form's own text. Double-check it's the right form for your situation — Ohio probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Election of Surviving Spouse to Take Under Will carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Election of Surviving Spouse to Take Under Will to the probate court or county clerk handling the estate — usually in the Ohio county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).