Ohio Probate Form Form 8.2

Election of Surviving Spouse to Take Against Will

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: November 5, 2026

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About Election of Surviving Spouse to Take Against Will

This form lets a decedent's surviving spouse state an election to take against the decedent's will, with a judge or magistrate recording that the will and rights were explained.

When you'd use it: The form is for a surviving spouse who chooses to take against a deceased person's will, made in person before a probate judge or magistrate.

Where to get the official form

The official version of Election of Surviving Spouse to Take Against 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 Against Will (PDF) →

Source: supremecourt.ohio.gov

Link last checked: November 5, 2026

How to file Election of Surviving Spouse to Take Against Will in Ohio

  1. Step 1 — Confirm you have the correct formUse Election of Surviving Spouse to Take Against Will (Form 8.2) when the form is for a surviving spouse who chooses to take against a deceased person's will, made in person before a probate judge or magistrate. 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.
  2. Step 2 — Complete every required fieldFill out Election of Surviving Spouse to Take Against 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.
  3. 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.
  4. Step 4 — File it with the correct courtSubmit Election of Surviving Spouse to Take Against 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).

Working through the Election of Surviving Spouse to Take Against Will? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

Get help with this form

Probate in Ohio

See the full Ohio probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the Ohio probate guide →

Frequently Asked Questions

What is Election of Surviving Spouse to Take Against Will (Form 8.2)?
This form lets a decedent's surviving spouse state an election to take against the decedent's will, with a judge or magistrate recording that the will and rights were explained. You'd typically use it when the form is for a surviving spouse who chooses to take against a deceased person's will, made in person before a probate judge or magistrate.
Where do I file Election of Surviving Spouse to Take Against Will in Ohio?
Probate forms are filed with the probate court or county clerk in the Ohio county where the deceased person lived. Our Ohio probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Election of Surviving Spouse to Take Against Will?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Election of Surviving Spouse to Take Against Will available online?
Most Ohio probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other Ohio Probate Forms

Surviving Spouse, Children, Next of Kin, Legatees, and Devisees1.0Fiduciary's Account13.0Application to Disburse Attorney Decedent's Trust Account(s)13.11Entry Approving and Settling Account and Discharging13.3

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.