Draft state probate reference
Probate in Ohio: Small Estate and Executor Guide
This draft Ohio probate reference summarizes selected fiduciary commission and release-from-administration concepts. It is general information only and must be verified against current Ohio law, court rules, and local probate court instructions.
Draft data: not verified
This page has not been verified against current official Ohio sources. Do not rely on its dollar amounts, fee summary, form name, or procedure without checking the cited statute, current court instructions, and the facts of the estate.
Executor fee rule
Ohio Revised Code section 2113.35 describes a commission schedule for executors and administrators, with additional rules for real property and court discretion.
This draft schedule applies the stored percentage tiers to a simplified estate-value scenario. The actual statutory base and any real-property commission treatment must be verified for the estate.
Draft schedule
- 4% of the first $100,000
- 3% of the next $300,000
- 2% of the balance above $400,000
Important limits
- Needs official verification against the current Ohio Revised Code and local probate court practice.
- Ohio law includes separate treatment for some real property and permits additional or reduced compensation in some circumstances.
- A will, court order, multiple fiduciaries, or unusual services can affect compensation.
Small estate information
- Draft threshold
- $35,000 or less, or $100,000 or less in certain surviving-spouse situations; needs official verification
- Scope
- Ohio release from administration depends on the estate value, surviving-spouse facts, funeral and burial expenses, notice, and probate court approval.
- Form or process name
- Application for Release from Administration; local probate court forms may apply
Eligibility cautions
- Needs official verification against current Ohio law and the local probate court's forms.
- The $100,000 surviving-spouse scenario is limited and should not be treated as a general small-estate limit.
- A separate summary-release process may apply in some situations, and local forms can differ.
Draft probate notes
- Confirm whether release from administration or another Ohio probate process fits the estate's facts.
- Local probate courts often publish county-specific packets and filing requirements.
- Real property, liens, surviving-spouse rights, and creditor claims can materially change the process.
Statutes and official starting points
These links are provided for independent review. Their inclusion does not mean this draft page has completed legal verification.
Other draft state references
Frequently asked questions
Is this Ohio probate information verified?
No. This is a draft reference that has not been verified against current official state sources for publication.
What is the draft Ohio small-estate threshold?
$35,000 or less, or $100,000 or less in certain surviving-spouse situations; needs official verification. Eligibility has additional requirements and must be confirmed for the specific estate.
How are executor fees described in Ohio?
Ohio Revised Code section 2113.35 describes a commission schedule for executors and administrators, with additional rules for real property and court discretion.
Should I rely on this page instead of legal advice?
No. Probate rules change and depend on the facts. Check current court instructions and statutes, and consult a licensed attorney for legal advice.
This tool provides general information and document templates for convenience. It is not legal advice. Laws vary by state and change over time. Consult a licensed attorney for your situation.