How much does probate cost in ohio is one of the first questions families ask after a death, and it is a fair one. Money is often tight in those first weeks. The honest answer is that Ohio does not charge one flat probate fee.
Instead, the total is built from a few separate pieces: court filing fees set by each county, a statutory fiduciary commission set by state law, attorney fees approved by the local court, and small costs like newspaper notices, certified copies, and appraisals. For many ordinary estates, the whole bill lands somewhere between roughly 3% and 7% of the probate assets. However, small estates often cost only a few hundred dollars. This guide walks through each piece in plain English so you can estimate your own situation.
The four pieces that make up an Ohio probate bill
Ohio probate is handled by the probate division of the common pleas court in the county where the person lived. Each of Ohio’s 88 counties sets its own filing fee schedule. As a result, the cost to open a full estate typically runs about $200 to $600. A simpler filing, like a release from administration, usually costs less — often around $60 to $150.
The second piece is the executor’s commission. An executor is the person named in the will to settle the estate. If there is no will, the court appoints an administrator instead. Ohio Revised Code 2113.35 sets exact percentages, so this number is not guesswork.
The third piece is attorney fees. Ohio has no statewide attorney fee statute. Instead, Superintendence Rule 71 lets each county probate court adopt a local fee schedule, and the judge must approve what is charged. Many Ohio counties use the same percentages as the executor commission as a rough guide. The fourth piece is out-of-pocket costs: publication of notice, certified death certificates, appraiser fees, recording fees, and a fiduciary bond if the will does not waive one.
How much does probate cost in ohio: the exact statutory numbers
Ohio Revised Code 2113.35 is the clearest number in the whole process. It sets the executor or administrator commission on personal property and on real estate that is sold. Here is the schedule.
| Type of property | Statutory rate |
|---|---|
| First $100,000 of personal property and proceeds of real estate sold | 4% |
| Next $300,000 (the portion above $100,000 up to $400,000) | 3% |
| Everything above $400,000 | 2% |
| Real estate that is not sold | 1% of value |
| Certain non-probate property includable for estate tax (not joint and survivorship) | 1% |
For example, an estate with $250,000 in personal property would produce a commission of $4,000 on the first $100,000 plus $4,500 on the next $150,000, for a total of $8,500. Family members who serve as executor may waive this fee entirely, and many do. That single choice can cut the bill substantially.
When people ask how much does probate cost in ohio for a modest estate, the answer often depends on whether the estate qualifies for a shortcut. Ohio has two, and both have hard dollar limits:
| Shortcut | Statute | Dollar limit |
|---|---|---|
| Summary release from administration | ORC 2113.031 | Assets no more than $5,000, or funeral costs paid; surviving spouse version covers the $40,000 support allowance plus up to $5,000 of funeral costs (about $45,000) |
| Release from administration | ORC 2113.03 | $35,000 or less — or $100,000 or less when the surviving spouse inherits everything |
These shortcuts skip the inventory, the accountings, and often the bond. In most cases, that turns a months-long process costing thousands into a filing costing a few hundred dollars.
What you can do next to keep costs down
Start by listing what actually goes through probate. Life insurance with a named beneficiary, retirement accounts, payable-on-death bank accounts, transfer-on-death vehicle titles, and Ohio transfer-on-death designation affidavits for real estate all pass outside probate. Typically, they cost nothing in court fees. Only what is left in the deceased person’s sole name counts toward the thresholds above.
Next, call the probate court in the county where the person lived and ask for the current fee schedule and the Rule 71 attorney fee rule. Ohio courts publish standard forms free of charge, and clerks can tell you which form fits your situation. They cannot give legal advice, but they can point you to the right paperwork.
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Then watch the deadlines, because missed ones cost money. Creditors generally have six months from the date of death to present claims under ORC 2117.06. An inventory is generally due within three months of appointment under ORC 2115.02. If you are planning ahead rather than settling an estate, remember Ohio requires a will to be signed in front of two competent witnesses under ORC 2107.03. If the estate is contested, holds a business, or crosses state lines, you may be able to save money overall by hiring a licensed Ohio probate attorney early.
Frequently Asked Questions
Does Ohio charge an estate tax or inheritance tax on top of probate costs?
No. Ohio repealed its estate tax for deaths on or after January 1, 2013, and Ohio has no inheritance tax. However, the federal estate tax still applies to very large estates, with an exemption of $15 million per person in 2026.
Can the executor’s fee be waived?
Yes. A family member serving as executor may decline the ORC 2113.35 commission, and many do so when they are also an heir. For example, waiving an $8,500 commission on a $250,000 estate keeps that money in the family.
Who actually pays these costs?
The estate pays, not the heirs personally. Typically, fees and expenses come out of estate assets before anything is distributed. As a result, when asking how much does probate cost in ohio, the practical effect is a smaller inheritance rather than a bill you must cover yourself.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified August 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.