Ohio Real Estate Sale: Sale Costs & Commission Explained

The same house, sold instead of handed to an heir, moves from a flat 1% fee into a tiered schedule that can reach 4% — a genuine, calculable jump built directly into O.R.C. 2113.35.

O.R.C. 2113.35, 2127.28

Quick answer: beyond the ordinary 5-6% realtor commission, selling folds the house's value into Ohio's tiered executor commission (4%/3%/2%) instead of the flat 1% that applies when real estate isn't sold. See how this plays out for your own numbers in the Ohio probate real estate sale calculator.

A worked comparison

ScenarioExecutor commission on a $300,000 house
Sold (folded into tiered schedule)$10,000 (4% of $100k + 3% of $200k)
Not sold, distributed in kind$3,000 (flat 1%)
Plus realtor commission if sold (6%, illustrative)+$18,000

Why a sale moves the house into a different fee tier

Worth understanding clearly: O.R.C. 2113.35(A) bases the tiered 4%/3%/2% schedule on "all the personal property... received" plus "the proceeds of real property that is sold." Sell the house, and its value enters that same schedule as ordinary cash. Keep it unsold and distribute it directly, and subsection (B) instead caps the fee at a flat 1% of its value — regardless of how large the house is.

The realtor commission needs court sign-off in a formal sale

Beyond the executor's own fee, the ordinary real estate commission — typically 5% to 6% — comes out of the proceeds the same as any sale. But in a Chapter 2127 court-ordered sale specifically, O.R.C. 2127.28 requires the probate court to allow that commission before the sale even closes, not simply approve it afterward on the final account.

Extraordinary compensation, on top of the schedule

The statutory tiers are meant to cover ordinary administration in full. A sale that turns genuinely difficult — contested by an heir, tangled in title problems, or requiring unusual litigation — can support a request for extraordinary compensation on top of the standard fee, subject to the probate court's approval.

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Realtor rates run similarly whether the house is in Franklin, Cuyahoga, or Hamilton County — the statutory executor fee itself never varies by county.

Sale costs and commission — frequently asked questions

Why does selling an Ohio probate house cost more in executor commission than keeping it?

Because O.R.C. 2113.35 folds the gross sale proceeds into the same tiered schedule as personal property — up to 4% on the first tier — while real property that stays unsold draws only a flat 1% fee on its value. Selling converts the same asset into a higher fee bracket.

Is Ohio's executor commission on real estate proceeds automatic?

It's the fiduciary's statutory entitlement once the sale closes, computed on the gross proceeds — but the probate court can reduce or deny it after a hearing if the court finds the executor didn't faithfully discharge their duties.

Who pays the realtor commission on an Ohio probate house sale?

The estate does, the same as any ordinary sale — typically 5% to 6% of the price, split between listing and buyer's agents. In a court-ordered Chapter 2127 sale, the probate court must specifically allow that commission before the sale closes.

Does Ohio charge extra for extraordinary executor services on a sale?

The statutory fees under O.R.C. 2113.35 cover ordinary services in full. Extraordinary work — a contested sale, complex litigation, or unusual difficulty — can justify additional court-approved compensation on top of the standard schedule.

What does it cost to sell real estate during probate in Ohio?

Beyond the ordinary 5-6% realtor commission, selling folds the house's value into Ohio's tiered executor commission (4%/3%/2%) instead of the flat 1% that applies when real estate isn't sold.

This page provides general guidance only and is not legal, tax, or financial advice. Based on O.R.C. 2113.35, 2127.28. Realtor commission figures are illustrative market rates, not statutory amounts. Confirm current figures with a licensed Ohio attorney or real estate professional before acting.