How much does probate cost in Ohio?
25 Jul 2026
Ohio fixes the executor’s commission by statute and publishes nothing for the attorney. The commission is 4% of the first $100,000, 3% of the next $300,000 and 2% above $400,000 — $15,000 on $500,000 of personal property, before two separate 1% additions.
Those additions catch people out: 1% of the value of real property that is not sold, and 1% of most property that never entered probate at all. The attorney is paid reasonable fees as an expense of administration, in an amount the court may fix. Ohio charges no single fee to open a case — about $65 in itemised statutory items.
Ohio Rev. Code §2113.35 — Ohio Laws & Administrative Rules · Verified 25 Jul 2026
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
Ohio publishes no percentage. Reasonable attorney fees come out of the estate as an expense of administration, and the probate court may fix the amount at any time, on its own motion or on application.
Ohio Rev. Code §2113.36 · Verified 25 Jul 2026The main schedule runs on personal property, its income, and the proceeds of real property sold. Then two separate 1% commissions: one on real property that is not sold, and one on non-probate property that would have counted for Ohio estate tax.
Ohio Rev. Code §2113.35 · Verified 25 Jul 2026Work it out on your own number
The calculator applies §2113.35 to the value you enter and shows the working, with the statute cited underneath. It says plainly that the attorney side is not fixed by law.
Enter any estate value and the calculator works all three Ohio branches to the dollar, with the statute cited under the result and the verification date stamped on it. It opens on the calculator page, already set to Ohio and to a $500,000 estate.
What each part costs
Every row is one figure, one source, one date. Where Ohio fixes no price, the row says so instead of guessing.
| Fee | Amount or formula | Set by | Source | Verified |
|---|---|---|---|---|
| Attorney feeOrdinary services | No statutory scheduleOhio publishes no percentage. R.C. 2113.36 allows reasonable attorney fees paid by the executor or administrator as part of the expenses of administration, and lets the court fix the amount at any time. County probate courts publish local guideline percentages under their own rules — those are local rules, not statute, and are not quoted here. | Reasonable, fixed by the court | Ohio Rev. Code §2113.36 | 25 Jul 2026 |
| Executor feeOrdinary services | 4% · 3% · 2%, plus 1% and 1%4% of the first $100,000, 3% of all above $100,000 up to $400,000 and 2% above $400,000 — applied to personal property received and accounted for, income from it, and the proceeds of real property sold. PLUS 1% of the value of real property that is not sold. PLUS 1% of the value of property not subject to administration that would have been includable for Ohio estate tax, except joint and survivorship property. Real property sold is valued at gross proceeds; everything else at date-of-death fair market value. | Statute — exact | Ohio Rev. Code §2113.35 | 25 Jul 2026 |
| Court filing feeOpening the case | About $65, itemisedOhio prices each step rather than charging one opening fee. Probating a will $15; proof of notice to beneficiaries $5; appointment of fiduciary $35; docketing and indexing $15 maximum — about $65 to open a full estate. Then inventory with appraisement $10, without $7; account $12; account of distribution $7. Relieving an estate from administration, or a summary release, is a flat $60. The court may require an advance cost deposit, capped at $125. | Statewide statutory fee bill | Ohio Rev. Code §2101.16(A) | 25 Jul 2026 |
| Newspaper publicationNotice | Not fixed by statuteThe newspaper sets its own rate. Ohio law does require the court or clerk to approve the publication cost and allow it as part of the costs in the proceeding, so it is not simply an out-of-pocket expense — but nothing caps what the newspaper may charge. | The newspaper, cost allowed by the court | Ohio Rev. Code §7.13 | 25 Jul 2026 |
| BondFiduciary’s bond | A floor, not a ceilingIn no event less than double the probable value of the personal property and of the annual real property rentals coming into the fiduciary’s hands. Where the will dispenses with bond the court shall appoint without one unless the interest of the trust demands otherwise. Where that probable value is under $10,000 the court may waive or reduce the bond. | Statutory floor | Ohio Rev. Code §2109.04 | 25 Jul 2026 |
Ohio’s fee bill was amended on 30 September 2025 by House Bill 96 of the 136th General Assembly, and the figures above are from the amended text. Counties may also add computerisation and special-project fees outside R.C. 2101.16, so the total at the counter is higher than the statutory items alone.
What changes YOUR number in Ohio
- The two 1% additions are the part people miss
- Division (B) of §2113.35 carries two commissions that are not part of the main schedule and are not merged into it. One is 1% of the value of real property that is NOT sold — the family home that passes to the children still generates a commission. The other is 1% of the value of property not subject to administration that would have been includable for computing the Ohio estate tax, excluding joint and survivorship property. That second one reaches assets most readers assume are outside probate entirely.
- What the main schedule is charged on
- Personal property received and accounted for, income from that personal property, and the proceeds of real property that is sold. Real property sold is valued at gross proceeds of sale; everything else at fair market value at the date of death.
- The court can cut it
- Division (D) lets the court deny or reduce the commission where the fiduciary has not faithfully discharged the duties of the office. §2113.36 allows further just and reasonable allowances for extraordinary services, but requires the court to adjust an extraordinary allowance downward where the ordinary §2113.35 fee already exceeds the reasonable value of the ordinary services.
- County guideline percentages are not the law
- Several Ohio county probate courts publish attorney fee guidelines as percentages under their own local rules. Those are local rules, not statute, and they differ between counties. This page states what R.C. 2113.36 says and does not assert a percentage.
- Where the will fixes the pay, the will wins
- Where the will provides compensation for the executor, that is full satisfaction unless the executor renounces it within four months of appointment.
- Whether a bond is needed
- A will that dispenses with bond is normally honoured — the court shall appoint without bond unless the interest of the trust demands otherwise. Where letters were granted without bond the court may still require one later, and a fiduciary who fails to give it shall be removed.
Estates of $35,000 or less can be released from administration — $100,000 where the spouse inherits everything
Ohio can release an estate from administration entirely, and the limit more than doubles where the surviving spouse takes it all.
- Any estate — limit $35,000.
- Limit rises to $100,000 where EITHER a valid will devises and bequeaths all assets to a person named in it as the decedent’s spouse and that spouse survives, OR there was no valid will and the surviving spouse is entitled to all assets under R.C. 2105.06.
- That $100,000 limb is narrower than it sounds. It is not simply that the spouse is the main heir — it is one of those two specific alternatives.
- An interested party applies; notice goes to the surviving spouse and heirs, and to all interested parties by publication in a county newspaper unless waived or found unnecessary. Ohio’s cheapest route can therefore still carry a newspaper cost.
- Where the estate is not entirely money, stocks, bonds or other readily ascertainable property, an appraiser chosen by the applicant and approved by the court must value it.
- A testate estate’s will must still be presented for probate. A separate and smaller summary release is available under R.C. 2113.031.
Ohio Rev. Code §2113.03(A) — Ohio Laws & Administrative Rules · Verified 25 Jul 2026
Three tools, in the order most people need them
Ohio probate cost questions
How much does a probate attorney cost in Ohio?
Ohio publishes no fee schedule for the estate’s attorney. R.C. 2113.36 allows reasonable attorney fees as an expense of administration and lets the probate court fix the amount at any time. Some county probate courts publish guideline percentages in their local rules, but those are local rules rather than statute and differ between counties.
How much does the executor get paid in Ohio?
4% of the first $100,000, 3% of the next $300,000 and 2% above $400,000 on personal property, its income and the proceeds of real property sold — $15,000 on $500,000 of personal property. On top of that, 1% of the value of real property that is not sold, and 1% of most property that never went through probate, excluding joint and survivorship property.
What does it cost to file for probate in Ohio?
There is no single fee. R.C. 2101.16(A) prices each step: $15 to probate a will, $5 for proof of notice to beneficiaries, $35 to appoint the fiduciary and up to $15 for docketing — about $65 to open a full estate. The small-estate route is a flat $60. The court may require an advance cost deposit of up to $125.
How much is the newspaper notice in Ohio probate?
Ohio does not set that price. R.C. 7.13 requires the court or clerk to approve the publication cost and allow it as part of the costs in the proceeding, but it caps nothing. The newspaper sets its own rate.
Is a bond always required in Ohio probate?
Not always. Where the will dispenses with bond the court shall appoint without one unless the interest of the trust demands otherwise, and where the probable value of the personal property and annual rentals is under $10,000 the court may waive or reduce it. Where a bond is required, R.C. 2109.04 sets a floor of double the probable value of the personal property plus the annual real property rentals.
Sources & verification
Every figure on this page was checked against the official source on the date shown. Statutory figures are re-checked annually.
- Attorney fee — Ohio Rev. Code §2113.36Verified 25 Jul 2026 · annual statutory re-check
- Executor fee — Ohio Rev. Code §2113.35Verified 25 Jul 2026 · annual statutory re-check
- Court filing fees — Ohio Rev. Code §2101.16(A), eff. 30 Sep 2025Verified 25 Jul 2026 · annual statutory re-check
- Small-estate limits — Ohio Rev. Code §2113.03(A)Verified 25 Jul 2026 · annual statutory re-check
- Publication — Ohio Rev. Code §7.13Verified 25 Jul 2026 · annual statutory re-check
- Bond — Ohio Rev. Code §2109.04Verified 25 Jul 2026 · annual statutory re-check
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in Ohio. Full terms: /disclaimer/
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