Ohio Executor Fee: How Much Is It?

The tiered formula behind Ohio executor compensation — a step-down schedule, not a flat percentage — with worked examples at common estate sizes.

R.C. § 2113.35 FigureMyTax Editorial Team

Quick answer: Ohio pays executors on a tiered schedule under R.C. 2113.35: 4% on the first $100,000, 3% on the next $300,000, and 2% above $400,000 — applied to personal property received plus proceeds of any real property sold. A $500,000 base works out to $4,000 + $9,000 + $2,000 = $15,000. Real property that isn't sold gets its own separate 1% fee. Get your own estimate with the Ohio executor fee calculator.

The tiered schedule, explained

R.C. § 2113.35(A): "For the first one hundred thousand dollars, at the rate of four per cent; all above one hundred thousand dollars and not exceeding four hundred thousand dollars, at the rate of three per cent; all above four hundred thousand dollars, at the rate of two per cent." This applies to personal property received and accounted for (including any income it earned) plus the gross proceeds of real property sold during administration — and it's progressive, meaning only the value within each band is taxed at that band's rate.

Two more fees, easy to miss

  • Real property not sold — 1% flat. If the house passes to the heirs instead of being sold, it isn't part of the tiered base; it gets its own flat 1% fee on its value (R.C. § 2113.35(B)).
  • Certain non-probate property — 1% flat. A separate, less common 1% fee reaches property that never entered the probate estate but would have counted toward Ohio's old estate tax (excluding joint-and-survivorship property). Ohio repealed that estate tax in 2013, but this valuation reference in the fee statute was never updated.

Valuation basis

§ 2113.35(C): real property that's sold is valued at its gross sale proceeds; everything else at fair market value on the date of death.

A will can override it — within a window

R.C. § 2113.36: if the will sets its own compensation, that amount replaces the statutory fee — unless the executor files an instrument with the probate court within four months of appointment renouncing the will's terms and choosing the statutory schedule instead.

Worked examples

Personal property + sold real estate4% tier3% tier2% tierTotal fee
$100,000$4,000——$4,000
$250,000$4,000$4,500—$8,500
$500,000$4,000$9,000$2,000$15,000
$1,000,000$4,000$9,000$12,000$25,000

These figures cover the tiered base only. Add 1% for any real property not sold, and 1% for any qualifying non-probate property, using the calculator.

Facing probate in Ohio?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Ohio attorney

Ohio executor fee — frequently asked questions

Why is Ohio's executor fee described as progressive, like income tax brackets?

Because each of the three tiers only taxes the slice of value that falls within it — the 4% rate never applies to the whole estate, only to the first $100,000.

Does Ohio's 1% fee on unsold real estate use the same valuation as the tiered schedule?

No — sold real property is valued at its gross sale proceeds, while unsold real property is valued at fair market value on the date of death.

Why does Ohio still have a 1% fee tied to a repealed estate tax?

Because the fee statute's valuation reference to the old estate tax definition was never updated when Ohio repealed that tax in 2013.

What happens if an Ohio executor misses the four-month window to renounce a will's compensation terms?

The will's stated compensation continues to control instead of the statutory schedule — the four-month window is how an executor elects the statutory fee over the will's terms.

Does extraordinary compensation in Ohio replace the statutory fee?

No — it's additional. The probate court can award extra compensation for extraordinary services on top of the statutory schedule, subject to separate approval.

Estimate for general guidance only, not legal advice. Based on R.C. § 2113.35 and R.C. § 2113.36. The tiered schedule applies to personal property and sold real estate; real property not sold and certain non-probate property each carry a separate flat 1% fee. A will's own terms control unless renounced within four months of appointment. Extraordinary-service compensation requires separate court approval. Verify with the probate court or a licensed Ohio attorney.