Ohio is one of the few states with an executor fee schedule written into the law, so you know upfront what compensation you're entitled to. Every Ohio county has its own Probate Court, which gives the process a clear structure. This guide covers each step of serving as executor in Ohio.
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How to Get Appointed as Executor in Ohio
- File with the Probate Court: File the original will and a Petition for Probate with the Probate Court in the county where the deceased was domiciled at death.
- Prove the will: The will must be proved valid, typically through self-proving affidavits from the witnesses (most properly drafted wills are self-proving) or by witness testimony.
- Receive Letters of Authority: Ohio issues "Letters of Authority" (not Letters Testamentary). This document grants you legal authority to act on behalf of the estate. Get multiple certified copies, since you'll need them for each financial institution.
Executor Compensation in Ohio
Ohio's statutory fee schedule for executor compensation is set by ORC 2113.35:
| Tier | Rate |
|---|---|
| First $100,000 | 4% |
| $100,000 to $400,000 | 3% |
| Above $400,000 | 2% |
Executors are also entitled to a separate 1% fee on the value of any real property that is administered but not sold. For a $400,000 estate: 4% × $100K + 3% × $300K = $4,000 + $9,000 = $13,000. For extraordinary services (managing a business, handling litigation, selling complex property), the court may approve additional compensation. Executors may also waive compensation entirely.
Bond Requirements in Ohio
A bond is required unless the will waives it or all beneficiaries consent. The Probate Court sets the bond amount. Bond premiums typically run 0.5 to 1% of the bond amount annually.
Core Duties as Executor in Ohio
- File will and petition with the Probate Court; receive Letters of Authority
- Publish notice to creditors once a week for 3 weeks in a local newspaper
- Notify all known creditors by mail
- File an inventory of all estate assets within 3 months of appointment
- Manage estate assets prudently during the 6-month creditor period, which runs from the date of death, not from your appointment
- Accept or reject creditor claims; pay valid debts and taxes
- File the deceased's final federal and (if applicable) state income tax returns. Ohio has no state estate tax to file, since it was repealed effective January 1, 2013
- Prepare and file a final account with the Probate Court
- Distribute remaining assets to beneficiaries
- Obtain receipts and seek court discharge
Pro tip
Ohio requires the executor to file an inventory within 3 months of appointment, and it must be filed with the Probate Court, not just kept privately. Missing this deadline can result in court sanctions and beneficiary complaints. Also, the 6-month creditor claim period runs from the date of death, not from when you're appointed, so don't assume a slow start to probate buys you extra time.
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See the full checklist →Non-Resident Executors in Ohio
Ohio law requires executors to be qualified residents or, if non-residents, to either appoint a co-executor who is an Ohio resident or post a substantial surety bond. The local Probate Court judge has some discretion. If you're a non-resident named as executor in an Ohio will, consult an Ohio probate attorney before filing.
How to Close the Estate in Ohio
After the 6-month creditor period has run and all debts and taxes are paid, file a final account with the Probate Court. The account must show all assets received, all disbursements made, and the proposed distribution. Beneficiaries have an opportunity to object. Once the court approves the account and distribution, distribute assets, collect signed receipts, and file a Certificate of Completion. The Probate Court then formally discharges you as executor.
You're reading about executor duties in Ohio. Here's what else is on the list.
- Locate the Will and legal documents
- Start the probate process (Contact Attorney)
- Hire a tax accountant for estate filings
- File final individual and estate tax returns
- Prepare final accounting for probatethis guide
- Perform final distribution to beneficiaries
- + 64 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Ohio may change. Consult a licensed Ohio attorney for guidance specific to your situation.