Ohio Probate Cost: The Full Breakdown

Q: Can the executor fee and attorney fee both be near the same percentage in Ohio?

Yes - many Ohio counties' local rules for reasonable attorney fees mirror the same 4%/3%/2% tiers used for the executor fee, so on a routine estate the two costs can land close to each other.

Quick answer: Probate in Ohio typically costs 4%–7% of the estate. On a $500,000 estate that's roughly $28,000–$32,000 — most of it the statutory executor fee (about $15,000 under ORC § 2113.35) and the attorney fee. Get your own figure with the Ohio probate cost calculator.

The costs, line by line

1. Executor fee — the statutory tiered schedule

Ohio's executor fee is fixed by statute, which makes it predictable. Under ORC § 2113.35:

4% of the first $100,000
3% of the next $300,000 (from $100k to $400k)
2% above $400,000
plus 1% on the value of real estate that is not sold

These are computed on personal property and real estate the estate sells. The rates are tiered, not flat.

Worked example ($500,000 personal property): 4% × $100,000 = $4,000; 3% × $300,000 = $9,000; 2% × $100,000 = $2,000 → $15,000. Add 1% on a $200,000 house the family keeps = $2,000, for $17,000.

2. Attorney fees — county local rules

Ohio has no statewide attorney fee schedule, but each county probate court's local rules suggest reasonable percentages (often similar to the executor schedule), approved by the court under ORC § 2113.36. Typically 2–4% of the estate. See Ohio probate attorney fees.

3. Court filing & other costs

County filing fees run $100 (Release) to $400+ (full administration). Add creditor publication, certified copies of Letters of Authority ($3–$10 each), and a bond if required. Details in our Ohio filing fees guide.

Worked examples by estate size

Executor fee below uses the tiered schedule on personal property (no unsold real estate added):

Estate value	Executor fee (§ 2113.35)	Attorney (~routine)	Filing + notice	Approx. total
$100,000	$4,000	$3,600	$350	≈ $8,100
$500,000	$15,000	$13,500	$350	≈ $29,000
$1,000,000	$25,000	$22,500	$350	≈ $48,200

$500k fee = 4%×$100k + 3%×$300k + 2%×$100k = $15,000. Attorney shown near the county-benchmark rate. Run your own numbers in the calculator.

How to reduce Ohio probate costs

Release from Administration for a gross estate up to $35,000 ($100,000 spouse-only) — skips full probate (ORC § 2113.03).
Executor waives the fee when they are also a beneficiary.
Transfer-on-death, joint ownership or a living trust keep assets out of probate entirely.

Ohio probate cost — frequently asked questions

Why does Ohio charge a separate 1% fee for real estate that isn't sold?

Because that property never generates cash proceeds the way a sale does, the tiered percentage schedule doesn't apply — the statute instead sets a flat 1% on the property's fair market value at death.

Is Ohio's tiered executor fee more or less predictable than a discretionary state?

More predictable — because the percentages are fixed by statute rather than left to a court's judgment, the exact fee can be calculated in advance, unlike states such as North Carolina or Nebraska.

Does Ohio's total probate cost vary much by county?

The executor fee and attorney-fee benchmark are largely consistent statewide, but the court filing fee is set independently by each of Ohio's 88 county probate courts.

Can the executor fee and attorney fee both be near the same percentage in Ohio?

Yes — many counties' local rules for reasonable attorney fees mirror the same 4%/3%/2% tiers used for the executor fee.

Does using a living trust avoid Ohio's tiered executor fee entirely?

Yes — assets held in a funded living trust bypass probate administration, so the ORC § 2113.35 tiered fee never comes into play for those assets.

Estimate for general guidance only, not legal advice. Based on ORC § 2113.35, § 2113.36, § 2113.03 and typical county practice. The 1% on non-probate property and extraordinary compensation are not fully modeled. Verify with the county Probate Court or a licensed Ohio attorney.

Ohio Probate Cost: Full Breakdown