A Detailed Guide to Probate Costs in Ohio

September 12, 2024

By: Maria Hicks

Before discussing the various costs associated with the Probate process, you first need to understand the Probate process itself.

Probate, as defined by the American Bar Association, is “the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries.”[1]  Every state’s laws are slightly different, so it’s always best to consult an attorney to determine whether an estate requires the probate process.  But, the process always begins with the court validating the decedent’s will, if they have one, and concludes with the distribution of the remaining assets to the rightful beneficiaries.

How Long Does Probate Take?

In Ohio, the probate process takes a minimum of 6 months to complete, from the decedent’s date of death, because this is the duration of time creditors are given to file claims against the estate.[2]  More often, the probate process takes up to a year to complete.  However, if the estate is particularly large or complex, or if there are disputes among beneficiaries, the process can take significantly longer.  And during this time, your assets are not available to your loved ones.

How Much Does Probate Cost?

There are several costs involved with probate.  There are court costs, attorney fees, executor fees, and other miscellaneous fees, such as appraisal fees, bond premiums, publication fees for public notices, and costs for postage and mailing.

Fortunately, all these fees are generally paid out of the estate, with the caveat that some of the costs, like the court fees and some of the miscellaneous fees, will need to be paid upfront by whoever is opening the estate in probate court.  Those fees are then reimbursed towards the end of the probate proceedings before the assets are distributed to the beneficiaries.

Let’s break down these fees . . .

Probate Court Costs

Probate court costs in Ohio vary depending on the specific county, but, generally, you can expect to pay around $200 to $250 for filing fees.  Additional costs for certified copies of the will, letters of authority, and other documents can add up to $100 or more.

Probate Attorney’s Fees

Hiring an attorney to assist with the probate process is common and often helpful, especially for complex estates.  Your probate attorney will help you navigate the complex process of settling your loved one’s estate after they pass away.  They will help you with

• preparing and filing any court documents,
• notifying the decedent’s beneficiaries and heirs, which sometimes requires publishing public notices,
• locating and appraising assets,
• dealing with creditors,
• collecting life insurance benefits,
• determining taxes,
• managing the checkbooks belonging to the estate, and
• representing you in court.

When you’re dealing with the grief of losing a loved one, the added stress of dealing with the probate process can be overwhelming to some.  So having the support and aid of an experienced probate attorney during this time of grief allows you to have a little breathing room.  It helps to take the weight and stress of the probate process off your shoulders, allowing you to focus on yourself and your family instead.

So, How Much Are Attorney’s Fees?

Attorney’s fees can be based on an hourly rate, a percentage of the total estate value, or a flat rate.  How much you will spend exactly will depend primarily on two factors:

• the attorney’s level of expertise, and
• the size and complexity of the estate.

1.    An Hourly Rate

Hourly fees are the most common.  Typically, an attorney’s hourly rate will range from $250 to $400 per hour.  Obviously, the larger and more complex the estate is, the more hours that will be required.

2.    A Percentage of the Total Estate Value

Alternatively, attorneys may charge their fees based on a percentage of the total estate value, typically between 2% to 4%, but up to 6%.  So, if the estate’s value is $250,000 and the percentage rate is 2%, you would pay $5,000 in attorney’s fees.

3.    A Flat-Rate

Although it’s the least common, some attorneys will charge a flat-rate fee based on the size and anticipated complexity of the estate.  These fees usually range anywhere from $2,000 to $10,000 or more.

How Do You Know You’re Not Overpaying for Your Attorney?

Whenever a probate attorney is paid from estate funds, the probate court must always approve the attorney’s fees, finding that they are “reasonable.”  Most counties in Ohio publish an attorney fee schedule, which is generally used as a guideline for determining the reasonableness of the fee.  The key term is “guidance.”  The fee schedule is neither a minimum fee nor a maximum fee schedule.  It merely defines what will be considered a presumptively reasonable fee.

So, what does that mean?

It means that if an attorney can prove to the probate court that their work justifies a higher fee, then they can apply to the probate court to approve the extraordinary fees.

Just remember, the probate court must approve the attorney’s fees, so you know you won’t overpay.

Executor Fees

The executor, or personal representative, of the estate is entitled to compensation for their services.  In Ohio, executor fees are determined by state law and are based on a percentage of the estate’s gross value.  The executor’s fee schedule is broken down as follows:[3]

• 4% for the first $100,000
• 3% for the next $300,000
• 2% for everything above $400,000

In addition, if there is real property in the estate, but the beneficiaries choose not to sell the property, the executor is entitled to “[1%] on the value of real property that is not sold.”[4]

For example, if an estate is valued at $500,000, the executor would be entitled to $15,000.

• $4,000 for the first $100,000
• $9,000 for the next $300,000
• $2,000 for the last $100,000

Other Miscellaneous Fees

Other miscellaneous fees include any additional administrative fees that are necessary for an accurate and lawful administration of the estate.  They can include:

• Bond premiums, if required,[5] range in cost depending on the estate’s size, but on average costs approximately $500 for every $100,000 per year.
  • To learn more about bond premiums, click here (add a link to another blog article).
• Publication fees for legal notices will cost around $50 to $150.
• Appraisal fees for real estate or valuable personal property can cost a few hundred dollars up to several thousand dollars.
• Postage and mailing costs can add up to $50 or more.

Although these other administrative fees are necessary, they can accumulate and erode the estate’s value quickly, thus impacting the final distribution to the beneficiaries.

In the end . . .

By understanding the potential costs associated with probate in Ohio, you can take the necessary steps with an estate planning attorney to mitigate what goes through the probate process.  This will not only reduce any probate costs, but it will also help ensure the probate process goes as smoothly and efficiently as possible.

So, whether you’re an executor trying to navigate the probate process, an heir anticipating the probate process of a loved one in the future, or simply planning your own estate plan, knowing what to expect will help you make informed decisions and provide you with peace of mind.

At Hicks Law, LLC, we’re ready to help you navigate this complex process.  Contact us today for a free consultation.

[1] The Probate Process, Am. Bar Ass’n, https://www.americanbar.org/groups/real_property_trust_estate/resources/estate-planning/probate-process/ (last visited Sept. 12, 2024).

[2] ORC § 2117.06(B).

[3] ORC § 2113.35.

[4] ORC § 2113.35(B).

[5] ORC § 2109.09.