How much does probate cost in Ohio?

The short answer

Ohio is one of the states where the core probate fees are set by statute — fixed by law rather than negotiated. Here’s how those fees work, what else gets added on top, and the ways many families avoid full probate entirely.

Attorney fees

Attorney fees in Ohio probate are not fixed by statute. Sup. R. 71 of the Ohio Rules of Superintendence requires fees to be 'reasonable' and approved by the probate court.

Executor / personal representative fees

Executor/administrator commissions are fixed by Ohio Revised Code §2113.35: 4% on the first $100,000 of personal property received and proceeds of real property sold, 3% on the next $300,000, 2% on amounts above $400,000, plus 1% on the value of real property not sold and 1% on certain non-probate property (excluding joint-and-survivorship), valued as of date of death.

What the fee is based on

Ohio is one of the minority of states where executor commissions are statutory percentages, set by Ohio Rev. Code §2113.35: under (A), 4% of the first $100,000, 3% above $100,000 up to $400,000 and 2% above $400,000 of the personal property received and accounted for and the proceeds of real property sold; under (B), a further 1% on real property not sold and 1% on certain property not subject to administration. Attorney fees are separate and must be reasonable — not statutory.

Court filing fees

Filing fees vary by county (ORC 2101.16(A) sets a statewide base — $15 to probate a will, $35 to appoint a fiduciary — and ORC 2101.16(E) lets a court require an advance deposit for costs capped at $125, while ORC 2746.06 directs that a probate court "shall tax as costs or otherwise require the payment of fees" for a list of items — among them the fees provided for in §§2101.16, 2101.17, 2101.18 and 2101.32 under (A), and fees to computerize the court, provide computerized legal research and computerize the clerk's office under (B) — in addition to any fees under §§2746.01, 2746.02 and 2746.04, and subject to the combat-zone-casualty waiver in §2101.164 and the fee reduction in §2101.20). Certified copies, publication, bond and appraisal are charged on top of those figures; the amounts are set locally and no published schedule for them is cited here.

Appraisal / probate referee

Ohio does not use a state-appointed probate referee. Under ORC 2115.06, the executor appoints a 'suitable disinterested' appraiser, subject to court approval. For real estate, the fiduciary may instead accept the county auditor's valuation in lieu of appointing an appraiser.

How long probate takes in Ohio

We found no published source for how long probate takes in Ohio as of September 2026. No Ohio court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Except as §2117.061 provides, all claims must be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period (Ohio Rev. Code §2117.06(B)). A claim not presented within those six months is forever barred as to all parties, including devisees, legatees and distributees; no payment may be made on it and no action maintained on it, except as §§2117.37 to 2117.42 provide for contingent claims (§2117.06(C)). The clock runs from death, so nothing the executor does moves it. A claim is presented by a writing delivered to the executor or administrator or to their identified counsel, by a writing filed with the probate court bearing the estate's case number, or by a writing actually received by the executor or their identified counsel within that period regardless of whom it is addressed to (§2117.06(A)(1)); once a final account or certificate of termination has been filed, presentation is made in a writing to the distributees who may share liability for the claim (§2117.06(A)(2)).

Creditor claim period

Except as §2117.061 provides, all claims must be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period (Ohio Rev. Code §2117.06(B)). A claim not presented within those six months is forever barred as to all parties, including devisees, legatees and distributees; no payment may be made on it and no action maintained on it, except as §§2117.37 to 2117.42 provide for contingent claims (§2117.06(C)). The clock runs from death, so nothing the executor does moves it. A claim is presented by a writing delivered to the executor or administrator or to their identified counsel, by a writing filed with the probate court bearing the estate's case number, or by a writing actually received by the executor or their identified counsel within that period regardless of whom it is addressed to (§2117.06(A)(1)); once a final account or certificate of termination has been filed, presentation is made in a writing to the distributees who may share liability for the claim (§2117.06(A)(2)). In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. ORC 2113.03 measures on "the value of the assets of the estate" and allows release from administration where that value is thirty-five thousand dollars or less, or one hundred thousand dollars or less in either of two cases. Under (A)(2)(a) the decedent devised and bequeathed in a valid will all of the estate's assets to the person named in the will as the decedent's spouse and is survived by that person. Under (A)(2)(b) the decedent died WITHOUT a valid will, is survived by a spouse whose marriage was solemnized consistently with R.C. Chapter 3101 or a similar law of another state or nation, and that spouse is entitled to receive all of the estate's assets under R.C. §2105.06, or by that section operating together with §2106.13(B)(1) or (B)(2). The intestate branch is easy to miss and is the one that applies where there is no will at all. ORC 2113.031 is narrower than a flat five-thousand-dollar test: under (B)(1) summary release is available where the value of the assets does not exceed "the lesser of five thousand dollars or the amount of the decedent's funeral and burial expenses", and only to a person who is not the surviving spouse and who has paid or is obligated in writing to pay those expenses; (B)(2) gives the surviving spouse a separate route.
• Real-property shortcut. Ohio has no separate small-estate affidavit limited to real property, but the 'release from administration' procedure under ORC 2113.03 may include real estate if total probate value is within the $35,000 / $100,000 thresholds. Real estate held in survivorship tenancy, transfer-on-death designation, or trust passes outside probate entirely.
• Transfer-on-death deed. Ohio allows a Transfer on Death Designation Affidavit for real estate under Ohio Revised Code §5302.22. The owner records the affidavit naming a beneficiary; the property transfers at death without probate.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in Ohio

Ohio does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Ohio is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Ohio’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Ohio

How much does probate cost in Ohio?

We found no published source for what probate costs in total in Ohio as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them. Executor commissions are set by statute (Ohio Revised Code §2113.35): 4% on the first $100,000 of personal property and real estate sold, 3% on the next $300,000, 2% on amounts above $400,000, plus 1% on real property not sold and 1% on certain non-probate property. Attorney fees are not statutory — they must be 'reasonable' under Sup. R. 71 — and most Ohio probate courts publish local guidelines, often mirroring the executor percentages. Court filing fees are set by each county probate court's published schedule. Small estates under $35,000 (or under $100,000 going to a surviving spouse) can use the simpler 'release from administration' process under ORC 2113.03.

What is the small-estate limit in Ohio?

ORC 2113.03 measures on "the value of the assets of the estate" and allows release from administration where that value is thirty-five thousand dollars or less, or one hundred thousand dollars or less in either of two cases. Under (A)(2)(a) the decedent devised and bequeathed in a valid will all of the estate's assets to the person named in the will as the decedent's spouse and is survived by that person. Under (A)(2)(b) the decedent died WITHOUT a valid will, is survived by a spouse whose marriage was solemnized consistently with R.C. Chapter 3101 or a similar law of another state or nation, and that spouse is entitled to receive all of the estate's assets under R.C. §2105.06, or by that section operating together with §2106.13(B)(1) or (B)(2). The intestate branch is easy to miss and is the one that applies where there is no will at all. ORC 2113.031 is narrower than a flat five-thousand-dollar test: under (B)(1) summary release is available where the value of the assets does not exceed "the lesser of five thousand dollars or the amount of the decedent's funeral and burial expenses", and only to a person who is not the surviving spouse and who has paid or is obligated in writing to pay those expenses; (B)(2) gives the surviving spouse a separate route.

Who pays the probate costs in Ohio?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Ohio?

Ohio Rev. Code §2113.35(A) sets executor commissions at 4% of the first $100,000, 3% above $100,000 up to $400,000 and 2% above $400,000. The Ohio TOD designation affidavit for real estate, and the release from administration under Ohio Rev. Code §2113.03(A), pass assets outside full administration: (A)(1) where the assets are $35,000 or less, and (A)(2) where they are $100,000 or less and either (a) a valid will devises and bequeaths all of the assets to the person named in it as the decedent's spouse, who survives, or (b) the decedent died without a valid will and the surviving spouse takes all of the assets under §2105.06, alone or with §2106.13(B)(1) or (B)(2).

How long does probate take in Ohio?

We found no published source for how long probate takes in Ohio as of September 2026. No Ohio court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Except as §2117.061 provides, all claims must be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period (Ohio Rev. Code §2117.06(B)). A claim not presented within those six months is forever barred as to all parties, including devisees, legatees and distributees; no payment may be made on it and no action maintained on it, except as §§2117.37 to 2117.42 provide for contingent claims (§2117.06(C)). The clock runs from death, so nothing the executor does moves it. A claim is presented by a writing delivered to the executor or administrator or to their identified counsel, by a writing filed with the probate court bearing the estate's case number, or by a writing actually received by the executor or their identified counsel within that period regardless of whom it is addressed to (§2117.06(A)(1)); once a final account or certificate of termination has been filed, presentation is made in a writing to the distributees who may share liability for the claim (§2117.06(A)(2)). The deadlines that run alongside it: How Long Does Probate Take in Ohio?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Ohio — the state-specific avoidance playbook.

• Executor Deadlines in Ohio — the statutory dates the executor works to, quoted from Ohio Rev. Code §2117.06(B).

• How Long Does Probate Take in Ohio? — the companion timeline guide for Ohio.

• What Happens If You Die Without a Will in Ohio? — how Ohio splits an estate when there is no will.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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This page explains Ohio probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Ohio courts or a licensed Ohio attorney. Sources: Ohio Revised Code §2113.35, Ohio Revised Code §2113.36, Ohio Revised Code §2113.03, Ohio Revised Code §2113.031, Ohio Revised Code §2115.06, Ohio Revised Code §2117.06, Ohio Revised Code §2746.06, Ohio Rules of Superintendence Sup. R. 71.