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Executor Compensation Laws in Ohio

In Ohio, executor fees are set by statute at 4% of the first $100,000, 3% of the next $300,000, and 2% above $400,000, plus 1% on unsold real estate and certain non-probate property.

Last checked . General information, not legal advice.

Ohio at a glance

Compensation method
Statutory percentage schedule
The fees are full compensation for ordinary services; the court may deny or reduce fees if the executor did not faithfully discharge the duties.
Statutory fee schedule
4% to $100,000; 3% to $400,000; 2% above
Applies to personal property, its income, and proceeds of real property sold. Plus 1% on real property not sold and on certain non-probate property (not joint and survivorship property).
Percentage schedule in statute
Yes

Sources

Last checked

The rules in Ohio

How is an executor paid in Ohio?

Compensation method in Ohio: Statutory percentage schedule. The fees are full compensation for ordinary services; the court may deny or reduce fees if the executor did not faithfully discharge the duties.

What percentage can an executor charge in Ohio?

Statutory fee schedule in Ohio: 4% to $100,000; 3% to $400,000; 2% above. Applies to personal property, its income, and proceeds of real property sold. Plus 1% on real property not sold and on certain non-probate property (not joint and survivorship property).

Does Ohio law set executor fees by a percentage schedule?

Yes. Percentage schedule in statute in Ohio: yes.

Where do the Ohio executor compensation laws come from?

The rules above come from Ohio Rev. Code 2113.35. Each source is linked on this page. We last checked them in October 2026.

Good to know

The current version of the section took effect September 29, 2015 (House Bill 64, 131st General Assembly).

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.