How probate costs work in Ohio
Probate in Ohio runs through the Probate Court of the county where the person lived — Franklin (Columbus), Cuyahoga (Cleveland), Hamilton (Cincinnati), Summit (Akron), Montgomery (Dayton), Lucas (Toledo), or any of the state's 88 counties. The executor-fee rules are statewide; only the court filing fee varies by county.
Ohio's total probate cost usually falls between 4% and 7% of the estate. Ohio's headline feature is that the executor fee is set by a statutory tiered schedule — more predictable than states that use "reasonable" fees.
1. Executor fee — statutory, tiered (the main cost)
On a $400,000 estate of personal property, that's $4,000 + $9,000 = $13,000; add 1% on a $100,000 house the family keeps and it's $14,000. Unlike North Carolina's discretionary commission, Ohio's is a fixed schedule — predictable. The executor can waive it (and family-member executors often do, since it's taxable income while an inheritance isn't).
2. Attorney fees — not statutory, but often benchmarked
Ohio sets no statewide attorney fee schedule. Instead, each county probate court's local rules suggest reasonable percentages — often similar to the executor schedule — and the court approves the fee (ORC § 2113.36). For a routine estate, attorney fees commonly run 2–4% of the estate.
3. Court filing & other costs
Each county Probate Court sets its own filing fee — roughly $100 for a Release from Administration to $400+ for full administration. Add notice-to-creditors publication, certified copies of Letters of Authority ($3–$10 each), and a bond premium if required.
4. When probate can be skipped in Ohio
- Release from Administration — for a gross estate of $35,000 or less, rising to $100,000 when everything passes to the surviving spouse (ORC § 2113.03).
- Summary Release from Administration — for very small estates of $5,000 or less (up to $45,000 to reimburse a surviving spouse for funeral expenses).
A living trust, joint ownership, or beneficiary designations (including transfer-on-death) avoid probate entirely. Note: Ohio has no estate tax and no inheritance tax (repealed in 2013) — only the federal estate tax applies.
| Cost component | Ohio figure | Source |
|---|---|---|
| Executor fee | 4% / 3% / 2% tiered + 1% unsold real estate | ORC § 2113.35 |
| Attorney fee | Not statutory; county local rules (~2–4%) | ORC § 2113.36 |
| Court filing fee | ~$100–$400+ (by county) | County Probate Court |
| Release from Administration limit | $35,000 ($100,000 spouse-only) | ORC § 2113.03 |
| State estate / inheritance tax | None (repealed 2013) | Ohio Dept. of Taxation |