Ohio Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Probate cost deposit
- ≈$200–$300county-set — Franklin County: $250 recommended deposit
- Release from administration
- ≤ $35,000 — or ≤ $100,000 to surviving spouseORC 2113.03
- Executor compensation
- Statutory: 4% / 3% / 2%ORC 2113.35 tiers
- Where filed
- Probate Court (each county)
Every Ohio county has a dedicated probate court, and costs to open an estate are collected as a deposit — Franklin County recommends $250, with routine total court costs usually landing near or below that. Statewide standard probate forms come from the Supreme Court of Ohio.
Ohio's shortcut is release from administration: estates of $35,000 or less — or $100,000 or less when everything passes to the surviving spouse — can be released without full administration. A summary release handles even smaller, funeral-expense-level estates. Executors of full estates earn statutory fees: 4% of the first $100,000, 3% of the next $300,000, 2% above $400,000.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Court cost deposit (full administration)Franklin County: $125 minimum / $250 recommended | ≈$200–$300 (by county) | Official fee |
| Release from administration filing | ≈$60–$125 | Official fee |
| Appraisal (if required) | varies | Estimate |
| Attorney — routine estatemany counties publish attorney-fee guidelines | $2,500–$7,500+ | Estimate |
Deposits vary by county probate court; unused amounts are refunded. Estimates are market figures.
Requirements
| Requirement | Rule |
|---|---|
| Release from administration | Estate ≤ $35,000, or ≤ $100,000 passing entirely to the surviving spouse (ORC 2113.03) |
| Summary release | Very small estates tied to funeral-expense caps (ORC 2113.031) |
| Executor fees | 4% first $100k, 3% next $300k, 2% above $400k + 1% on certain non-probate property (ORC 2113.35) |
| Surviving spouse allowance | $40,000 family support allowance off the top |
The process, step by step
- Check the shortcut. ≤$35,000 (or ≤$100,000 all to spouse) → apply for release from administration on the standard probate forms.
- File the application. Application to Probate Will / for Letters with the county probate court; pay the deposit.
- Appointment and inventory. The court appoints the executor/administrator; inventory due within 3 months.
- Creditors and taxes. Creditors have 6 months from death; no Ohio estate tax since 2013.
- Account and close. Final and distributive account filed; the court approves and discharges the fiduciary.
Forms & where to file
Probate Court of the county where the decedent resided.
- Ohio standard probate forms (Supreme Court of Ohio)
- Franklin County Probate Court — estate administration
Frequently asked questions
How much does Ohio probate cost?
Court deposits run about $200–$300 depending on the county (Franklin County recommends $250; total routine court costs often come in under $230). Attorney fees are the main expense in full administrations.
What estates avoid full probate in Ohio?
Estates of $35,000 or less — or up to $100,000 when everything passes to the surviving spouse — qualify for release from administration. Tiny estates can use the summary release procedure.
What are Ohio executor fees?
Statutory: 4% of the first $100,000, 3% of the next $300,000, and 2% above $400,000, plus 1% on certain non-probate property (ORC 2113.35).
How long do creditors have?
Six months from the date of death — one of the cleaner claim-bar rules among large states, and it runs whether or not probate is opened.
Related information
Sources & verification
- Franklin County Probate Court — deposits & costs
- ORC § 2113.03 — release from administration
- ORC § 2113.35 — executor commissions
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.