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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.

State

Ohio

Fees set by statute

Assets in the deceased's name alone, without a beneficiary or joint owner.

Your estimate after the creditor period: 3 to 12 months is common.

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 feeset by the county
Creditor claim period6 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

(A) Personal property including its income received and accounted for, plus gross proceeds of real property sold; (B) separately, value of real property not sold and of non-probate property includable for Ohio estate tax as of 12/31/2012 (except joint and survivorship) (R.C. 2113.35). Read on October 8, 2026.
Estate valueExecutor/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

Questions people ask

How much is the executor fee in Ohio?

Under R.C. 2113.35 it is 4% of the first $100,000, 3% from there to $400,000 and 2% above, on personal property, income and real estate sale proceeds, plus 1% on real estate not sold. Our $510,000 example with an unsold house allows $10,700. The court can add an amount for extraordinary services, and a will can provide otherwise.

How long do creditors have to file a claim against an Ohio estate?

6 months from the date of death under R.C. 2117.06, whether or not an executor or administrator has been appointed. A claim presented after that is barred, except as R.C. 2117.061 allows. Because the clock starts at death, a late opening of the estate shortens the time creditors have once notice is possible.

What qualifies as a small estate in Ohio?

An estate with assets of $35,000 or less, or $100,000 or less when the surviving spouse inherits the whole estate by will or by intestacy, can be released from administration by the probate court under R.C. 2113.03. It is still a court filing; Ohio has no affidavit that heirs can hand to a bank without the court. The thresholds have not changed since January 13, 2012.

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Estimate only, not legal advice: the figures on this page apply the state rules published on official sites to the numbers you enter. A court order, the child support agency, the probate court or the workers’ compensation insurer decides the real amount, and a family law or workers’ comp attorney can tell you how the rules apply to your case.

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