Estimate mandatory executor commissions and attorney fees based on Ohio probate code.
*This guide is for educational purposes only and does not constitute legal advice.
Probate in Ohio is governed by Title 21 of the Ohio Revised Code. Unlike many states that treat all assets equally, Ohio distinguishes between 'Personal Property' and 'Real Estate.' This makes the fee calculation tricky. A key advantage in Ohio is the tiered system for smaller estates, allowing many families to avoid 'Full Administration.'
Crucial Detail: Executors typically earn 4% on personal property (cash, stocks). But for real estate (houses/land), if the property is not sold (just transferred to heirs), the commission is often reduced to 1% or disallowed entirely by local probate courts. Our calculator assumes a standard commission structure, but local rules vary.
Ohio law sets a sliding scale for executor commissions. The larger the estate, the lower the percentage.
Ohio offers a specific simplified process called 'Release from Administration'. This is not a simple affidavit but a court application that is much faster than full probate.
You qualify if the estate is under $35,000 (for anyone) or under $100,000 (if passing entirely to a surviving spouse). Read our massive guide on Ohio Small Estate Procedures.
Full Administration in Ohio typically takes 6 to 9 months, primarily due to the 6-month creditor claim period.
File the Will and application with the County Probate Court. The court appoints the Executor.
Within 3 months, you must file a complete Inventory of assets. The court may require an appraiser.
Creditors have 6 months to file claims. The executor reviews and pays valid debts.
Once debts are cleared, file a Final Account showing all income and disbursements to close the estate.
A Living Trust can bypass this entire process.
See How to Avoid It →