Ohio Probate Real Estate Sale Calculator

Three routes to sell, and only one skips the court entirely

Under O.R.C. 2113.39, a will's own power of sale lets the executor sell without a probate court order at all. Without that, O.R.C. 2127.011 offers a written-consent route: every heir or devisee signs a written consent filed with the court, the sale price is at least 80% of the appraised inventory value, and no minor holds an interest. Without either of those, the executor has to bring a formal action to sell under Chapter 2127, with notice and a hearing before the court issues an order.

The commission math that hinges on selling or not

Ohio's statutory executor commission (O.R.C. 2113.35) folds the gross proceeds of a real estate sale into the same tiered schedule as personal property — 4% on the first $100,000, 3% on the next $300,000, 2% above $400,000. Real property that's not sold instead draws a flat 1% fee on its value. On a $300,000 house, that's the difference between a commission calculated at up to 4% versus a flat 1% — a real, calculable gap this calculator shows directly.

Court-ordered sales carry one more approval step

When a sale proceeds through the formal Chapter 2127 court action, O.R.C. 2127.28 requires the probate court to allow the real estate commission itself before the sale closes — not simply review it afterward. Sales under a power-of-sale clause or written consent don't carry this extra pre-approval step.

What this estimate does not include

This calculator estimates realtor commission and the statutory executor commission on the transaction; it does not compute attorney fees, court costs for a Chapter 2127 action, or tax owed on the sale. See Capital Gains Tax on the Sale for that piece.

Ohio's probate courts operate county by county

Each of Ohio's 88 counties runs its own probate court, so a Chapter 2127 sale action is filed locally — whether that's Franklin County (Columbus), Cuyahoga County (Cleveland), Hamilton County (Cincinnati), Summit County (Akron), Montgomery County (Dayton), Lucas County (Toledo), Stark County (Canton), or Butler County (Hamilton). The statutes themselves apply identically statewide; only the local filing fee and docket differ.

Ohio probate real estate sale — frequently asked questions

Does an Ohio executor need court approval to sell estate real estate?

Not always. If the will grants a usable power of sale, the executor can generally proceed under O.R.C. 2113.39 without a court order. If not, a written-consent power of sale under O.R.C. 2127.011 works if every heir or devisee consents in writing and the price is at least 80% of the appraised value. Failing both, a formal court action to sell under Chapter 2127 is the remaining route.

How does selling the house change the Ohio executor's commission?

Under O.R.C. 2113.35, the gross proceeds of real property sold are folded into the same tiered schedule as personal property — 4% on the first $100,000, 3% on the next $300,000, 2% above that. Real property that is NOT sold instead draws a flat 1% fee on its value, which is often far less than the tiered rate would produce.

Do I owe Ohio state tax on the gain from selling an inherited house?

Often little or nothing. The stepped-up federal basis usually limits the taxable gain to appreciation after death, and Ohio taxes any remaining gain as ordinary income — 0% on the first $26,050 of taxable income, then a flat 2.75% above that for 2026.

Does an Ohio court have to approve the real estate commission itself?

In a court-ordered sale action under Chapter 2127, yes — O.R.C. 2127.28 requires the probate court to allow the real estate commission before the sale closes, not just review it afterward. Sales under a straightforward power-of-sale clause don't carry this same pre-approval step.

What happens to the sale proceeds first, before anyone gets paid?

Under O.R.C. 2127.38, the costs and expenses of the sale itself — including attorney fees and any executor compensation the court fixes for handling the sale — come out of the proceeds before other estate debts or liens on the property, even ahead of a lienholder who ends up buying the property.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Ohio statute (O.R.C. 2113.35, 2113.39, 2127.011, 2127.28, 2127.38) and typical realtor commission rates. Actual costs depend on the will's specific language, the probate court's own schedule, and the estate's overall picture. Confirm current figures with the county Probate Court or a licensed Ohio attorney before acting.