Probate · OH
Ohio probate: fees and how long it takes
Ohio pays its executors on a two-part statutory schedule and starts the creditors’ clock on the day of death, not on the day the estate is opened.
Rules read on official Ohio pages on · Checked by Radif Partners · How we calculate
- Creditor claim period
- 6 months
- Small-estate limit
- $35,000
- Executor and attorney fees
- Set by statute
- Statutory fees, $500,000 estate
- $15,000
Ohio probate fees for executors and administrators are set by R.C. 2113.35: 4% of the first $100,000 of personal property, income and proceeds of real estate sold, 3% up to $400,000, 2% above that, and a separate 1% on real estate that is not sold. An estate made of a $280,000 house the family keeps and $230,000 of accounts and a car therefore allows $10,700. Attorney fees are not scheduled; the probate court allows what is reasonable. Ohio's timing rule is unusual: all claims must be presented within 6 months after the death itself, whether or not anyone has been appointed, so a family that waits three months to open probate leaves creditors only three months more. The executor is expected to file a final and distributive account within six months after appointment unless an exception applies, such as a will contest or a spousal election, which keeps many Ohio estates short. Estates of $35,000 or less can be released from administration.
Statutory fees and court fee in Ohio
$15,000
3.0% of the estate · at least 12 months before final distribution
| Executor/administrator commission (R.C. 2113.35(A)) | $15,000 |
| Court filing fee | set by the county |
| Creditor claim period | 6 months |
| Small-estate limit | $35,000 |
Fee on real property not sold (R.C. 2113.35(B)): charged on other assets than the probate estate, not included above.
Estimate under the Ohio probate statutes. Publication, bond, appraisal, extraordinary services and the estate's own taxes are extra. How this is calculated.
Two bases, two rates
The statute splits the estate in two before applying any percentage. Personal property with its income, plus the gross proceeds of any real estate the executor sells, goes through the sliding 4% / 3% / 2% scale. Real estate that passes to heirs without being sold earns only 1%. In the Columbus example, the $230,000 of accounts and car give $7,900 and the $280,000 house kept by the family gives $2,800, $10,700 in all. Sell the house instead and its proceeds move to the first base: the commission becomes $15,200. The gap matters when heirs choose between keeping the home and selling it inside the estate.
The calculator above runs the sliding scale on the value you enter and shows the 1% line apart, since it belongs to a different pool of assets: enter the personal property and sale proceeds as the estate, and read the land line on the value of the house kept. The statute also adds 1% on some non-probate property that would have been taxable under the repealed Ohio estate tax as of the end of 2012, joint and survivorship property excepted; few estates are affected.
A deadline counted from death
R.C. 2117.06 is blunt: claims not presented within 6 months of death are barred, appointment or no appointment. Waiting before opening the estate does not move the deadline; it only shortens the time left once notice is possible, so creditors in Ohio watch the probate docket closely. R.C. 2117.061 sets out the only exceptions.
Release from administration, no affidavit
Ohio has no out-of-court small estate affidavit. The short route is a court order releasing the estate from administration under R.C. 2113.03, available up to $35,000, or $100,000 when the surviving spouse takes everything. The thresholds date from January 13, 2012 and are not indexed. A summary release for estates that do not exceed funeral costs exists in R.C. 2113.031, which we did not read.
Court costs vary by county
Ohio has no single filing fee. R.C. 2101.16 lists itemized probate court charges, and each county adds deposits and local costs. The Franklin County schedule could not be read when we checked, so the calculator adds no court fee for Ohio. Illinois, by comparison, sets no executor percentage at all.
The Ohio probate rules this calculator applies
| Estate value | Executor/administrator commission (R.C. 2113.35(A)) | Fee on real property not sold (R.C. 2113.35(B)) |
|---|---|---|
| $100,000 | $4,000 | $1,000 |
| $250,000 | $8,500 | $2,500 |
| $500,000 | $15,000 | $5,000 |
| $1,000,000 | $25,000 | $10,000 |
| $2,000,000 | $45,000 | $20,000 |
Creditor claims. All claims must be presented within 6 months after the death of the decedent, whether or not an executor or administrator is appointed; late claims are forever barred, except as provided in R.C. 2117.061 (R.C. 2117.06(B),(C)). source
Closing the estate. Every executor or administrator must render a final and distributive account within 6 months after appointment unless an exception applies (e.g. Ohio estate tax return, will contest, spousal election) (R.C. 2109.301(B)); the 6-month-from-death claims bar (R.C. 2117.06) is the practical earliest date. source
Small estates. Release from administration by court order when the estate assets are $35,000 or less, or $100,000 or less when the surviving spouse takes the whole estate under the will or by intestacy (R.C. 2113.03(A)); Ohio has no out-of-court small-estate affidavit. Not indexed. source
Simplified procedure. Release from administration for estates up to $35,000, or up to $100,000 where the surviving spouse inherits everything (R.C. 2113.03); summary release from administration where the assets do not exceed funeral and burial expenses (R.C. 2113.031, not read). source
Filing fee. Ohio has no single statewide probate filing fee: R.C. 2101.16 (effective October 3, 2023) lists itemized probate court fees per filing (e.g. $12.00 per account), and courts may add local costs; the Franklin County Probate Court deposit schedule could not be read. source
Personal representative. Executors and administrators receive 4% of the first $100,000, 3% from $100,000 to $400,000 and 2% above $400,000 of personal property (including income) received and accounted for and proceeds of real property sold, plus 1% of real property not sold and 1% of non-probate property that would have been includable for Ohio estate tax as of December 31, 2012 (except joint and survivorship property) (R.C. 2113.35); extraordinary services may be allowed (R.C. 2113.36). source
Attorney. Reasonable attorney fees paid by the executor or administrator are allowed as expenses of administration; the court may fix them at any time (R.C. 2113.36). source
Executor/administrator commission (R.C. 2113.35(A)). 4% of the first $100,000; 3% above $100,000 up to $400,000; 2% above $400,000 (R.C. 2113.35(A)). Full compensation for ordinary services (R.C. 2113.35(C)). source
Fee on real property not sold (R.C. 2113.35(B)). 1% on the value of real property not sold, and 1% on non-probate property includable for Ohio estate tax as of December 31, 2012, except joint and survivorship property (R.C. 2113.35(B)). source